Myers v. B. & O. R. R.
Supreme Court of Pennsylvania
Appeal, No. 219, Jan. T., 1892, by defendant from judgment of C. P. No. 3, Philadelphia Co., June T., 1891, No. 866, on verdict for plaintiff. Trespass for damages for alleged negligence in running defendant’s train. The facts appear by the opinion.
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Appeal, No. 219, Jan. T., 1892, by defendant from judgment of C. P. No. 3, Philadelphia Co., June T., 1891, No. 866, on verdict for plaintiff. Trespass for damages for alleged negligence in running defendant’s train. The facts appear by the opinion. One of defendant’s points was as follows : “ 3. If plaintiff was struck and injured by a train on a railroad along which he could have seen while approaching it, it is conclusive evidence that he did not stop, look and listen, and he was, therefore, guilty of contributory negligence, and cannot recover for the injury done to him under such…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The rule is now well settled in this state that one approaching a railroad crossing upon a public highway must stop, look and listen at a convenient distance from the railroad track, before venturing to go upon it. This rule is imperative. If one disregards it and suffers injury in the attempt to cross, the presumption of negligence on his part is a presumption juris et de jure. Having contributed to his own injury he is remediless. If the traveler complies with the rule, and can see or hear a moving train approaching the crossing, what musí' he do ? It follows…
2Cases cited4 opinions
- Mulherrin v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1876
- Moore v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of Pennsylvania · 1885
- Penn. R. v. MooneySupreme Court of Pennsylvania · 1889
- Bacon v. Delaware etc. R.Supreme Court of Pennsylvania · 1891
3Cited by51 opinions
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
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