Citro v. Director General of Railroads
Citro v. Director General of Railroads
Opinion of the Court
The station of the defendant company at Leetsdale is on the north side of four tracks, running east and west. On February 9, 1919, at about ten o’clock p. m., the husband of the plaintiff, after waiting at the station until a westbound freight train had passed on the second track, started to cross over to the south side of the tracks, and, when on the fourth, was struck by a rapidly moving eastbound express train and instantly killed. On this
Judgment affirmed.
Reference
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Negligence — Railroads—Grossing tracks at. station — Contributory negligence — Presumption. Where a person at a railroad station, at which there are four tracks, waits until a train has passed on the second track, then starts to cross, and is struck by an express train on the fourth track and killed, the question of defendant’s negligence and the deceased’s contributory negligence is for the jury, where the evidence shows that the night was dark, that the safety gates were up, and that the express train approached the crossing at great speed, without headlight and without signal from bell or whistle. The presumption of due care by deceased made his negligence a question of fact.