Wanner v. Philadelphia & Reading Railway Co.

Citations

• 261 Pa. 273
• 104 A. 570
• 1918 Pa. LEXIS 729

Syllabus

<p>Negligence — Railroads—Automobiles—Grade crossing — Collision Approach through covered bridge — Obstruction of view — Death of passenger — Unfamiliarity with locality — Ringing of bell — Absence of sufficient warning — Contributory negligence — Sudden danger— Imputed negligence — Case for jury.</p> <p>1. Where in an action against a railroad company to recover for the death of plaintiff’s husband, who was killed in a grade crossing -collision while a passenger in an automobilé, it appeared that the car was traveling about twenty miles an hour along a road which paralleled a creek and turned sharply to the right and up grade to and across a covered bridge, the sides of which were entirely enclosed; that defendant’s' railway crossed the highway thirty-one feet from the far end of the bridge; that at the moment of emerging from the bridge, a view of defendant’s track was obtainable for a distance of 400 feet; that there was a crossing sign attached to the entrance of the bridge farthest from the tracks, but there was no “stop, look and listen” sign at the crossing; that the automobile and the train approached the crossing at approximately the same speed; that although a whistle was blown at a whistling post a quarter of a mile from the crossing, the evidence was’ conflicting as to whether a hell was rung or any other signal given of the approach of the train; that when the automobile approached the track, the driver was not aware of the railroad until within eight feet therefrom, and believing a. stop on the near side impossible, endeavored to cross ahead of the train and the rear of the automobile was struck when it had nearly completed the crossing, the question whether sufficient warning was given to notify travellers approaching the crossing was for the jury.</p> <p>2. Where in such case the driver and deceased were both unfamiliar with the road, it was for the jury to say, in view of the narrow roadway, the sharp curve and the necessity of being on the lookout