Waltosh v. Penna. R. R.

Citations

• 259 Pa. 372
• 103 A. 55
• 1918 Pa. LEXIS 420

Syllabus

<p>Negligence — Railroad crossings — “Stop, loolc and listen” — Presumption — Contributory negligence — Burden of proof — Nonsuit— Evidence — Leading question.</p> <p>1. While the plaintiff is bound to prove negligence on the part of defendant in an action for personal injuries and that this negligence was the cause of the injury, ho is not bound to go further and prove that he did not contribute to the result by his own negligence. That burden is on defendant unless the evidence produced discloses contributory negligence.</p> <p>2. The rule of Carroll v. Penna. E. E. Co., 12 W. N. C. 348, applies only where a person enters upon a railroad track, and is struck by a moving train so instantaneously as to raise a legal.presumption that he did not stop, look and listen, and to rebut any presumption that he had done so. Where there is a doubt as to the negligence upon the part of the plaintiff, the case is for the jury.</p> <p>3. In an action against a railroad company to recover damages for personal injuries sustained in a grade crossing collision, where it appeared that at the place where the accident occurred the defendant maintained six tracks, and that approaching the tracks from the direction from which the plaintiff came there were two side tracks, an open space twenty-four feet in width, and then four main tracks; that as plaintiff approached the side tracks he stopped and looked up and down the tracks and waited for a freight train to pass; that he then crossed the side tracks, and while in the space between the side tracks and main tracks looked up and down and heard no train coming but did not stop, although there was sufficient space for him to do so; that the rear of plaintiff’s sled was struck just as it was about ,to cross the far rail of the last main track, the question of plaintiff’s contributory negligence, including the question whether he should have stopped again after entering upon the side tracks, is for the jury.</p> <p>4. The common law rule is