Wojochoski v. Central Railroad

Citations

• 10 Pa. Super. 469
• 1899 Pa. Super. LEXIS 304

Syllabus

<p>Province of court and jury — Contributory negligence — Stop, look and listen.</p> <p>In an action to recover damages for injuries received at a grade crossing, if the undisputed facts establish 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 adversely to the right to recover, but if the evidence is conflicting or the facts are left in doubt, the conclusions are to be drawn by the jury.</p> <p>Contributory negligence — Railroads—Grade crossing.</p> <p>If the evidence most favorable to the plaintiff established that he stopped at the place where he could not see and then drove on, passing a point, with which he was familiar from which he could have seen the track for a considerable distance, -where reasonable prudence dictated that he should have stopped, looked and listened, and drove upon the track directly in front of a train, the question was one of law, and the court should' have taken the case from the jury.</p>