Webb v. Philadelphia & Reading Railway Co.

Citations

• 202 Pa. 511
• 52 A. 5
• 1902 Pa. LEXIS 556

Syllabus

<p>Negligence — Railroads—Blowing whistle — Emission of steam — Fright of horse.</p> <p>The blowing of a whistle by a locomotive engineer is a lawful act; the emission of steam ami smoke, where steam propels machinery, is a necessary incident of the use of steam, and therefore, not of itself unlawful. Both the blowing of the whistle and the escape of steam and smoke may be negligent, and therefore, unlawful according to circumstances. If the circumstances themselves do not warrant an inference of unlawful use, the mere fact that an accident was caused by either is not sufficient to convict of negligence.</p> <p>In an action to recover damages for the death of plaintiff’s husband, it appeared that at the time of the accident the deceased was driving on a country road near a deep cut of a railroad. A train had stopped at a station 400 yards away from the cut, and then started toward the cut. When the locomotive was in the cut, the vehicle on the highway was not visible to the engineer; and the railroad in front of him was visible only for a short distance, because of the curve; as lie approached the cut lie blew the whistle, and blew it loudly when entering, and in the cut smoke and steam in large quantity escaped; the deceased being on the highway above, his horse took fright, either because of the whistle or the smoke or because of both. Held, that a nonsuit was properly entered.</p>