Woodruff v. Lehigh Valley Railroad

Citations

• 231 Pa. 640
• 80 A. 1128
• 1911 Pa. LEXIS 902

Syllabus

<p>Negligence — Railroads—“Stop, look and listen” — Death—Presumption — Evidence.</p> <p>Where a man is killed at a railroad crossing on a dark night, and no one sees him struck, the presumption is that he stopped, looked and listened at the proper place before attempting to cross. In such a case where there is persuasive testimony that he failed to do so, but no direct proof on the subject by witnesses who saw him continuously as he walked towards the tracks, and the presumption is not rebutted by the circumstances, the question of the deceased’s contributory negligence is for the jury.</p>