Wade v. Western Maryland Railroad

Citations

• 220 Pa. 578
• 69 A. 1112
• 1908 Pa. LEXIS 819

Syllabus

<p>Negligence — Railroads—“Stop, look and listen” — Grade crossing— Right angle collision — Guest and driver — Nonsuit.</p> <p>Where one of two men borrows a wagon and the other a horse, and with the horse and wagon they set out on a joint expedition, the one who borrowed the wagon driving, the other is not the guest or passenger of the driver, and it is the duty of both men to stop the team, and look and listen before crossing a railroad.</p> <p>Where two men driving a wagon are killed by a train at a grade crossing, the presumption that they stopped, looked and listened is rebutted by the testimony of the only witness who saw the accident, to the effect that he saw the team approaching the crossing at a dog trot, and that when it was about sixteen feet from where it was struck, traveling at the pace stated, he turned from where he was standing on his porch, and had stepped into the hallway about twelve feet, when he heard the crash of the collision.</p>