Wery v. Buffalo, Rochester & Pittsburgh Ry.

Citations

• 268 Pa. 381
• 112 A. 117
• 1920 Pa. LEXIS 699

Syllabus

<p>Negligence — Railroads—Walking on tracks — Contributory negligence.</p> <p>In an action against a railroad company to recover damages for death of plaintiff’s husband, killed while walking, on a clear day, on defendant’s tracks, binding instructions for defendant aro proper, where the evidence shows that the deceased walked onto the southbound track, on which a train was approaching, then, without stopping, looking or listening, proceeded onto the northbound track and, while the train on the other track was passing him, leisurely walked north thereon, with head bowed down, hands in pocket, then stepped on the outside edge of the ties, continued north, walking in the same manner, and was struck from behind by a train going north, which he could have seen, if he had looked.</p>