Wheelock v. Erie Railroad

Citations

• 61 Pa. Super. 145
• 1915 Pa. Super. LEXIS 283

Syllabus

<p>Negligence — Railroads—Accident at crossing — Proximate and remote cause — Evidence.</p> <p>In an action against a railroad company to recover damages for injuries to a horse, the case is for the jury and a verdict and judgment for plaintiff -will be sustained, where the evidence tends to show that the driver of the plaintiff’s team, traveling upon a public road, approached a railroad crossing at grade, and, observing a team drawing a loaded wagon on the same public road approaching the railroad-croossing from the opposite direction, stopped on the public highway, about 100 feet from the crossing, to allow the passing of the loaded team, and, when the loaded team, without negligence, came upon the crossing, it was struck by defendant’s train, operated in a negligent manner, and a part of its load consisting of gas or water pipe was thrown against the plaintiff’s horse, breaking its leg.</p>