Reitler v. Pennsylvania Railroad

Supreme Court of Pennsylvania November 7, 1913

Reitler v. Pennsylvania Railroad, 242 Pa. 426 (Pa. 1913)

89 A. 463; 1913 Pa. LEXIS 898

Beown, Cubiam, Elkin, Fell, Mestrezat, Moschzijkek, Potter, Stewart

Opinion of the Court

Pee Cubiam,

When the same parties were before us in 1912 in an action to recover for the same injuries, the judgment was reversed because of error in the instructions on the measure of damages, but it was decided that the question of negligence was for the jury. It was said in the opinion of this court: “It may be conceded that upon the question of the contributory negligence of the appellee this is a close case, but after a careful review of all the testimony we have concluded it was for the jury.” See Reitler v. Railroad, 238 Pa. 1. At the second trial the testimony was substantially the same as at the first, and we find no error in the conduct of the trial.

The judgment is affirmed.

Reference

Full Case Name: Reitler v. Pennsylvania Railroad Company
Status: Published
Syllabus: Negligence — Contributory negligence — Railroads—Grade crossings — “Stop, look and lisien” — Gase for jury. In an action against a, railroad company to recover damages for personal injuries sustain:: c. at a grade crossing, the case is for the jury where the evidence ibr the plaintiff, although contradicted, tended to show that the plaintiff and his driver approached in an empty hay wagon a five -¡rack grade crossing of the defendant company, that they stopped, looked and listened; that the view to the left was obstructed by cars- and locomotives standing on the first two tracks; that an employee of the defendant signaled them to cross; that they then drove slowly over the crossing without hearing or seeing anythins, and were caught by an engine operated on the third track, and approaching from the left.