Shaffer v. Pennsylvania Railroad
Shaffer v. Pennsylvania Railroad
Opinion of the Court
Opinion by
One question only is raised by this appeal: Was the evidence of contributory negligence upon the part of the decedent so clear that the court should have directed a verdict in favor of the defendant? It appears from the testimony that Isaac Shaffer, the plaintiff’s husband, drove an automobile truck up to a public crossing of the defendant’s railway and stopped with the front of the truck about six feet distant from the rail. His seat was some seven feet from the front of the truck, so that the point at which he was sitting was about thirteen feet from the rail, or a little over fifteen feet from the middle of the track.. These distances were not accurate measurements, but were careful estimates. Mr. Shaffer’s .brother, who stood on the running-board of the ma
The assignments of error are overruled, and the judgment is affirmed.
Reference
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- Shaffer v. Pennsylvania Railroad Company
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- Syllabus
- Negligence—Railroads—Automobiles — Contributory''negligence —Grade crossing—“Stop, loolc and listen”—Point of stopping— Failure of driver to lean forward—Case for jury. 1. Where the circumstances of an accident afford plausible grounds for .a variety of inferences, the question whether the plaintiff exercised reasonable care is for the jury, 2. When a driver has stopped at the usual stopping place previous to crossing a railroad track, whether he should go forward in advance of his vehicle to a better place to look is a question to be determined by the facts of the particular case. Stopping is opposed to negligence and unless, notwithstanding the stop, the whole evidence shows negligence so clearly that no other inference can be drawn from it the court cannot draw the inference as a matter of law but must send the case to the jury. 3. In an áction against a railroad company to recover for death of plaintiff’s husband, who was killed by one of defendant’s trains while driving an automobile over a grade-crossing, the case is for the jury and a verdict for the plaintiff will be sustained where it was not questioned that deceased stopped his automobile at a proper place before attempting to cross, and looked and saw no train, but where it was contended that had he leaned forward in his seat he would have obtained a view of the approaching train, but it did not appear that deceased knew he could have had a better view by so leaning forward, and defendant’s contention was based upon close arithmetical calculation as to the precise position in which the car stood, and upon accurate measurements made after the accident.