Wery v. Buffalo, Rochester & Pittsburgh Ry.

Supreme Court of Pennsylvania December 31, 1920

Wery v. Buffalo, Rochester & Pittsburgh Ry., 268 Pa. 381 (Pa. 1920)

112 A. 117; 1920 Pa. LEXIS 699

Aet, Beown, Frazer, Moschzisker, Simpson, Stewart, Walling

Opinion of the Court

Per Curiam,

The facts which the jury must have found under the testimony in this case are concisely and clearly stated in the opinion of the learned court below denying the motion for a new trial, and, in view of them, a verdict was properly directed for the defendant. No one of the first six assignments, which allege errors in rulings on offers of evidence, calls for a retrial of the case, and they, with the seventh and eighth, complaining of the direction of a verdict for the defendant, are overruled.

Judgment affirmed.

Reference

Status: Published
Syllabus: Negligence — Railroads—Walking on tracks — Contributory negligence. In an action against a railroad company to recover damages for death of plaintiff’s husband, killed while walking, on a clear day, on defendant’s tracks, binding instructions for defendant aro proper, where the evidence shows that the deceased walked onto the southbound track, on which a train was approaching, then, without stopping, looking or listening, proceeded onto the northbound track and, while the train on the other track was passing him, leisurely walked north thereon, with head bowed down, hands in pocket, then stepped on the outside edge of the ties, continued north, walking in the same manner, and was struck from behind by a train going north, which he could have seen, if he had looked.