Whitman v. Pennsylvania R. R.

Citations

• 156 Pa. 175
• 27 A. 290
• 1893 Pa. LEXIS 1325

Syllabus

<p>Negligence — Railroads—(Grade crossing — Stop, look and listen — Proper place — When question for jury.</p> <p>In an action to recover damages for injuries received at a grade crossing, if the facts are undisputed that the plaintiff did not stop at a proper place to look and listen, it is the duty of the court to declare the law; but if the facts are disputed, the question is for the jury.</p> <p>Plaintiff was injured on the tracks of a railroad at a public grade crossing. Plaintiff stopped at a point about one hundred feet from the track where he had a view of the track for about thirty-five yards to the east. Further view from the road was cut off by a curve in the track and by a hotel.</p> <p>Five witnesses testified that the point where the plaintiff stopped was the proper and customary stopping place used by drivers coming in that direction, as the road from that point ran at a down grade until so near the track that some horses could not safely be checked there. Plaintiff and his driver testified that they not only stopped at this point, and waited until two trains in opposite directions had passed, but then drove on and “ slacked up ” nearer the track “ to see or hear whether there was anything coming.” Held, that the case was for the jury.</p>