Sutliff v. Pennsylvania Railroad
Sutliff v. Pennsylvania Railroad
Opinion of the Court
Opinion by
The only error assigned is the refusal of the court to direct a verdict for the defendant on the ground of contributory negligence. The defendant owns a covered wooden bridge 800 feet long which spans the Susquehanna river at Nanticoke and is used for the transportation of its cars and by the public on the payment of tolls. The eastern approach to the bridge is an elevated trestle 900 feet long, twenty-one feet wide, and twenty feet high, on one side of which are the railroad tracks and on the other a passageway for wagons. The bridge is not wide enough to allow its use by cars and wagons at the same time, and on the approach the space between the side of a car and the wheels of a wagon passing it is only three or four feet. Because of the impossibility of cars and wagons passing on the bridge, and the great danger in their passing on the approach, a safety gate is placed at the eastern end of the approach. This gate is lowered when the bridge is in use for the passage of trains, and raised when the bridge is open to the public. This use of the bridge was understood by the plaintiff, who, having paid toll and finding the gate raised, drove on the approach. After proceeding about 700 feet, he was stopped by a line of wagons which had been halted near the end of the bridge. It appeared that some of the cars of a coal train that was being pushed across the bridge in the direction the plaintiff was going had been derailed at the west end of the bridge. In order to clear the track the train had been cut, and at the time the plaintiff was stopped, a part of the train was being drawn out of the bridge by an engine running with its tender in front. The plaintiff testified that he got off the wagon and stood on the railroad tracks, and then for the first time saw this train as the engine was coming out of the bridge ; that it approached and passed him at the rate of eight or ten miles an hour, and that he was injured in the attempt to hold his horses.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.