Ritzman v. Philadelphia & Reading Railroad
Supreme Court of Pennsylvania
Ritzman v. Philadelphia & Reading Railroad, 187 Pa. 337 (Pa. 1898)
40 A. 975; 1898 Pa. LEXIS 812
Fell, Green, McCollum, Mltchell, Sterrett
Ritzman v. Philadelphia & Reading Railroad
Opinion of the Court
On the facts admitted by the plaintiff himself, it was the plain duty of the learned trial judge to enter the compulsory nonsuit, and he was clearly right in refusing to take it off. The failure of the plaintiff to comply with the rule of law that imperatively required him to “ stop, look and listen,” before attempting to cross defendant company’s road at grade, was not merely evidence of negligence, but negligence per se, and a question of law for the court: Railroad v. Beale, 73 Pa. 504; Myers v. B. & O. Railroad Co., 150 Pa. 388, and many other cases that might be cited. The rule is unbending and should be rigidly enforced.
Judgment affirmed.
Reference
- Full Case Name
- Jacob Ritzman v. Philadelphia & Reading Railroad Company
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Negligence — Railroads—“ Stop, look and listen ” — Province of the court. Failure on the part of a traveler crossing a railroad track at grade to “ stop, look and listen ” is not merely evidence of negligence, but it is negligence per se, and a question of law for the court. In an action against a railroad company to recover damages for personal injuries received at a grade crossing, a nonsuit is properly entered where it appears that the plaintiff could have seen the approaching train at a point about twenty-five feet from the crossing, but that he drove upon the crossing, without stopping, although he looked and listened.