Von Bergen v. Erie Railroad

Citations

• 70 Pa. Super. 46
• 1918 Pa. Super. LEXIS 165

Syllabus

<p>Negligence — Railroads—‘Stop, loolc and listen” — Husband and wife.</p> <p>Where a husband and wife riding in a bobsled drawn by a horse approach a grade-crossing of a railroad.known to both of them to be dangerous, and the husband who was driving does not stop, look or listen before entering upon tbe crossing, and tbe horse is struck by a passing train, the sled upset and his wife injured, without negligence by the railroad company, the wife cannot recover damages from the railroad company, if it appears that she and her husband at the time of the accident were engaged in a mission of mutual interest, that the wife knowing the dangerous character of the crossing, made no remonstrance to the action of her husband nor asked him to stop in a safe place, and that when the horse was on the track her husband got out leaving the reins in her hands.</p>