Burkett v. Pittsburgh & Shawmut R. R.
Burkett v. Pittsburgh & Shawmut R. R.
Opinion of the Court
Opinion by
The plaintiff’s action arose out of a collision of a train of the defendant company with the plaintiff’s automobile at a grade crossing on the public highway leading from Brookville to Ramsaytown near which latter place the plaintiff lived. He was returning home accompanied by his son, then about five years old, and was driving his car. Both of the occupants of the car were injured and the automobile was badly damaged. After a verdict in favor of the plaintiff, a rule was entered for judgment in favor of the defendant non obstante veredicto which rule was subsequently made absolute. The action of the court was based on the conclusion that the plaintiff was guilty
It is tbe rule that when a driver stops at a place where be cannot get a view of tbe railroad be is about to cross from tbe vehicle in which be is riding, it' is bis duty to make further observation and in some cases to alight and walk to a spot where be can secure such view. But when a driver has stopped at tbe usual place for stopping from which be has a view of tbe tracks whether be should go forward for a better place to look is a question to be determined by tbe circumstances of tbe particular case: Calhoun v. P. R. R. Co., 223 Pa. 298. And in Siever v. R. R. Co., 252 Pa. 1, tbe rule was said to be when tbe driver comes to a standstill at a usual stopping place where be can get some view of tbe tracks whether be should go forward to a better place to look is a question for tbe jury to determine. To tbe same effect is Messinger v. R. R. Co., 215 Pa. 497. Stopping is opposed to tbe idea of negligence as was said in Ely v. R. R. Co., 158 Pa. 233, and unless, notwithstanding tbe stop, tbe whole evidence shows negligence so clearly that no other inference can properly be drawn from it, tbe court cannot draw that inference as a conclusion of law, but must send tbe case to tbe jury. This ruling is in line with Muckinhaupt v. Erie R. R., 196 Pa. 213, and is reaffirmed in Jester v. Phila., Baltimore & Washington R. R. Co., in which an opinion was filed in tbe Supreme Court on March 22, 1920, and not yet reported. Tbe facts in tbe latter case were less favorable to the plaintiff than those affecting tbe appellant, but Justice Kephart shows that tbe court below erred in granting a compulsory nonsuit.
The judgment is reversed and the record remitted to the court below with direction to enter judgment on the verdict.
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- Negligence — Railroads—Grade crossings — Case for jury. It is the rule that when a driver stops at a place where he cannot get a view of the railroad he is about to cross, from the vehicle in which he is riding, it is his duty to make further observation, and in some cases, to alight and walk to a spot where he can secure such view. But when a driver has stopped at the usual place for stopping from which he has view of the tracks whether he should go forward for a better place to look is a question to be determined by the circumstances of the particular case. The plaintiff was driving southwardly over the road which crossed the railroad diagonally. The length of view from the crossing in the direction in which the train came was about 650 or 700 feet— beyond that the view was shut out. On the side track, at the right of the crossing as the plaintiff traveled two coal cars were standing; the nearest within about thirty-seven feet of the highway. The plaintiff stopped when about twelve feet from the siding and looked and listened. This was the usual place at which persons approaching the crossing from that side stopped to look for trains. The ears on the siding shut off his view of the track for a space of about 240 feet, but above that distance he could see up the track as far as it was visible from the crossing. He waited to observe that there was no train on the track beyond the cars on the siding and then started to cross. After starting he observed a train coming about seventy or seventy-five yards from him, and deeming it impossible to reverse and get it off the track, he tried to make the .crossing as the safest plan for avoiding danger. Under such circumstances the case is for the jury and a verdict for the plaintiff will be sustained.