Kleckner v. Central Railroad
Kleckner v. Central Railroad
Opinion of the Court
Opinion by
This action is for personal injuries caused by reason of an alleged dangerous sidewalk at a grade crossing. East Market street crosses the tracks of the defendant at grade in the City of Wilkes-Barre; and about ten o’clock on the evening of January 10, 1914, plaintiff while walking across the tracks fell and was injured by slipping upon ice. Defendant had there a double track
In our opinion the action of the court below was right. There is no substantial conflict in plaintiff’s own evidence, and hence the rule stated in Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis Ry., 158 Pa. 233, and later cases, that where upon one part'of plaintiff’s own testimony he is entitled to go to the jury and upon another part not, the case is nevertheless for the jury, does not apply. It is manifest that plaintiff’s failure to look where she was walking was responsible for the accident, and as to that there is no room for two opinions. Where the facts are simple and the evidence by which they are presentedis involved in no uncertainty, their legal value is for the court to determine: Davidson v. Lake Shore & Mich. Southern Ry. Co., 171 Pa. 522; Wolf v. Phila. Rapid Transit Co., 252 Pa. 448.
There is here no doubt as to the evidence or the inferences to be drawn therefrom. This case is ruled by
One is not required in walking along a traveled highway, to keep his eyes fastened upon the ground continually to discover points of possible danger; nor is it necessary that he should in order to avoid exposed pitfalls lying directly in the path before him; but the law does require that he be observant of where and how he is going so as to avoid dangers which ordinary prudence would disclose.” See also Robb et al. v. Connellsville Boro., 137 Pa. 42.
The order discharging the rule to take off the nonsuit is affirmed.
Reference
- Full Case Name
- Kleckner v. The Central Railroad Company of New Jersey
- Cited By
- 9 cases
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- Syllabus
- Negligence—Railroads—Crossing—Ice—Pedestrian — Failure to look—Fall—Contributory negligence—Nonsuit. 1. Where the facts are simple and the evidence by which they are presented is involved in no uncertainty their legal value is for the courts to determine. 2. A pedestrian walking along a traveled highway is not required to keep his eyes fastened upon the ground continually to discover points of possible danger, nor is it- necessary that he should in order to avoid exposed pitfalls lying directly in the path before him, but the law does require that he be observant of where and how he is going so as to avoid danger- which ordinary prudence would disclose. 3. In an action against a railroad company to recover for personal injuries caused by plaintiff’s slipping and falling upon ice which had accumulated at the defendant’s grade crossing, a compulsory nonsuit was properly entered where it appeared that such ice was. the only ice in the locality, that it could be plainly seen for a distance of over six feet, and plaintiff admitted that she could have seen it had she looked where 'she was walking, but gave no satisfactory reason why she did .not.