Weikel v. Philadelphia & Reading Railway Co.

Citations

• 237 Pa. 524
• 85 A. 872
• 1912 Pa. LEXIS 960

Syllabus

<p>Negligence — Railroads—Grade crossing — “Stop, looh and listen” —Province of court and jury.</p> <p>In an action against a railroad company to recover damages for the death of plaintiff’s husband, binding instructions for defendant are proper, where the uneontradicted evidence shows that the deceased was killed at a grade crossing in an open level country about six o’clock of a clear December evening; that from a point 550 feet from the crossing on the highway on which the deceased was driving there was an unobstructed view of the railroad for a distance of 4,558 feet; that at a point forty feet from the track at which it was testified that deceased stopped, looked and listened, the train which struck him could have been seen, and that it was in plain view all the way from that point to the crossing; that the train had the headlight shining and the cars lighted; and that the nearest lights which might have confused the deceased were over three-quarters of a mile away.</p>