Walsh v. Pennsylvania Railroad

Citations

• 222 Pa. 162
• 70 A. 1088
• 1908 Pa. LEXIS 671

Syllabus

<p>Negligence — Railroads—“Stop, look and listen” — Grade Crossing-Contributory negligence — Evidence.</p> <p>The duty of being observant and careful in crossing the track of a railroad does not cease with the mere act of stopping, looking and listening at some point at a safe distance from the track, but continues so long thereafter as danger is reasonably to be apprehended which by proper care can be avoided. One may not determine for himself that point of observation, and because there he neither sees nor hears warning, advance heedlessly upon the tracks of the railroad, without incurring responsibility for any disaster that may ensue.</p> <p>The duty to be observant continues so long as danger threatens. If between the point where the party stops, and the tracks of the railroad, the situation affords opportunity to discover an approaching train, and injury results because of disregard of such opportunity, the original act of stopping cannot operate to relieve the injured party of contributory negligence.</p> <p>In an action by a woman against a railroad company to recover damages for personal injuries sustained at a grade crossing at about 7:30 p. m. of a September evening, a verdict and judgment for defendant will be sustained, where the evidence shows that plaintiff was familiar with the crossing, that had she looked at a point thirty-five feet from the center of the track on which the collision occurred, she could have seen the approaching engine at a distance of 740 feet from her; that instead of advancing slowly and carefully from that point, she started her horse at a trot, passing a point of wider view, committed herself to the tracks, and was struck by an engine with its headlight lighted.</p>