Hovenden v. Pennsylvania Railroad

Supreme Court of Pennsylvania February 22, 1897

Hovenden v. Pennsylvania Railroad, 180 Pa. 244 (Pa. 1897)

36 A. 731; 1897 Pa. LEXIS 912

Dean, Fell, Green, Mitchell, Williams

Opinion of the Court

Per Curiam,

We are clearly of opinion that this case comes within the line of decisions that where a person steps upon a railroad track immediately in front of an approaching train and is instantly struck and injured he is conclusively guilty of contributory negligence, and can recover nothing for the consequences. The deceased either ran against the engine or was just in the act of stepping on the track when he was struck. We think the non-suit was properly granted for the reasons stated in the opinion of the learned court below.

Judgment affirmed.

Reference

Full Case Name: Helen C. Hovenden v. The Pennsylvania Railroad Company
Cited By: 4 cases
Status: Published
Syllabus: Negligence — Railroads—Stepping in front of moving train — Stop, look and listen — Gontributory negligence. In an action to recover damages for the death of plaintiffs husband who was killed at a grade crossing, it is proper to enter a compulsory non-suit where the evidence showed that the deceased was killed on the second track from the side from which he started to cross, and that he did not wait for the smoke from a train passing on the first track to clear away so that he could see whether the second track was clear.