Canfield v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Appeal, No. 277, Jan. T., 1903, by plaintiff, from order of C. P. Delaware Co., Dee. T., 1903, No. 47, refusing to take off no.nsuit in case of Thomas J. Can-field v. Baltimore & Ohio Railroad Company. Trespass for personal injuries. Before Savidge, P. J., specially presiding. The circumstances of the accident are stated in the opinion of the Supreme Court. Error assigned was order refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
The appellant’s failure to follow the rule to stop, look and listen at a proper point while approaching upon a public highway a crossing over the railroad of appellee, negatives his right to recover, and therefore the learned trial judge was clearly right in entering a nonsuit.
The appellant with his wife was riding along the public road which runs at right angles with appellee’s railroad, and while approaching the crossing stopped at a point 155 feet from it. From this point he was able to see trains approaching from the east for a distance of 600 feet,…
2Cases cited4 opinions
- Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
- Urias v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Corcoran v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
3Cited by2 opinions
- E. A. Bream Co. v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1942
- Borofsky v. West Jersey & Seashore R. R.Superior Court of Pennsylvania · 1917