Vocca v. Pennsylvania Railroad

Citations

• 259 Pa. 42
• 102 A. 283
• 1917 Pa. LEXIS 510

Syllabus

<p>Negligence — Automobiles—Railroads — Contributory negligence —Guest—Testing danger.</p> <p>1. It cannot be said as a matter of law that a guest or passenger in a vehicle is guilty of negligence because he has done nothing. In many such cases the right degree of caution may consist of inaction. In situations of great and sudden peril, meddlesome interference with those having control, either by physical act or by disturbing suggestions and needless warnings, may be exceedingly disastrous in results.</p> <p>2. In an action to recover damages for personal injuries sustained by the plaintiff in a collision between plaintiff’s automobile and a railroad train, it appeared that plaintiff, a clergyman, was riding in the automobile as a guest of one of his parishioners who had sent the automobile for him. The automobile was driven by the chauffeur of the parishioner. The collision was the result of joint negligence in the operation of the train and the automobile. Both the plaintiff and the chauffeur were familiar with the streets over which they were to pass and both knew of the railroad crossing where the accident occurred. There was evidence that plaintiff when about 100 feet from the railroad track heard a noise which seeiiied to him the noise of an approaching train; that the driver was then going about fifteen or twenty miles an hour; that plaintiff called to him to stop — which call the driver said he did not hear — and the next thing plaintiff knew the automobile was in collision with the car. The lower court entered a compulsory non-suit. Held, error, and that the case was properly for the jury.</p>