Keller v. Director General of Railroads

Supreme Court of Pennsylvania
Keller v. Director General of Railroads, 269 Pa. 69 (Pa. 1920)
112 A. 49; 1920 Pa. LEXIS 764
Andkephart, Brown, Frazer, Walling

Keller v. Director General of Railroads

Opinion of the Court

Per Curiam,

At the crossing where the appellant was struck by a train of the defendant company its approach was visible for 3,200 feet. The day was clear and the collision occurred about noon. The plaintiff testified that he noticed some obstruction to his view as he approached the track, but did not say what it was. Notwithstanding this obstruction he proceeded to cross the track, without looking from a point where he could have seen the approaching train, and the inevitable happened. For his contributory negligence judgment for the defendant non obstante veredicto could not have been denied.

Judgment affirmed.

Reference

Cited By
1 case
Status
Published
Syllabus
Negligence — Railroads—Grossing—Stop, look and listen — GontHbutory negligence. A driver who approaches a grade crossing, and is struck by a train which was visible at the crossing for 3,200 feet, cannot recover against the railroad company for his injuries, where it appears that, although he noticed some obstruction to his view as he approached the track, he proceeded, without looking from a point where he could have seen the approaching train.