Meyers v. Central Railroad
Meyers v. Central Railroad
Opinion of the Court
Opinion by
The trial judge in this case, while conceding the negligence of the defendant company, in failing to sound a bell or blow a whistle or give any warning when approaching a crossing after
The question of whether or not the plaintiff, under all the circumstances, exercised such care and diligence to avoid the danger as was to be expected of a reasonably careful and prudent person under the circumstances, was also for the jury to determine. He was certainly not, as a matter of law, to be held by the court as chargeable with contributory negligence. The law governing this feature of the case is summed up by our Brother Brown in Kelly v. Traction Co., 204 Pa. 623.
The judgment is reversed with a procedendo.
Reference
- Full Case Name
- Meyers v. Central Railroad Company of New Jersey
- Cited By
- 8 cases
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- Syllabus
- Negligence — Railroads—Crossings—Signals—“Stop, look and listen.” In an action by a boy thirteen and one-half years old against a railroad company, to recover damages for personal injuries sustained at night at a railroad crossing, while the boy was sledding, there was evidence that the engine which struck the boy approached the crossing, running backward, without giving any warning in any way of its approach. The crossing was a dangerous one by reason of obstructions to the view of the track] and it was ordinarily protected by a watchman and safety gates. Neither of these precautions was in use at the time of the accident. There was evidence from which it might be fairly inferred that the boy might have stopped his sled or turned it to one side before reaching the track, had any warning of the approach of the train been given. Held, that the question of the defendant’s negligence and plaintiff’s contributory negligence was for the jury.