Ritzman v. Philadelphia & Reading Railroad
Supreme Court of Pennsylvania
Appeal, No. 167, Jan. T., 1898, by-plaintiff, from order of C. P. Northumberland Co., Sept. T., 1896, No. 136, refusing to take off nonsuit. Trespass to recover damage for personal injuries. At the trial it appeared that on March 19, 1896, plaintiff, while driving a two-horse team, was injured at one of defendant’s crossings in the borough of Shamokin.
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Appeal, No. 167, Jan. T., 1898, by-plaintiff, from order of C. P. Northumberland Co., Sept. T., 1896, No. 136, refusing to take off nonsuit. Trespass to recover damage for personal injuries. At the trial it appeared that on March 19, 1896, plaintiff, while driving a two-horse team, was injured at one of defendant’s crossings in the borough of Shamokin. Plaintiff could see the track until he reached a point about twenty-five feet from the crossing, when his view was obstructed by a bridge. Plaintiff testified that he drove slowly and looked and listened, but did not see any train. He did not…
1Opinion of the Court
Per Curiam,
On the facts admitted by the plaintiff himself, it was the plain duty of the learned trial judge to enter the compulsory nonsuit, and he was clearly right in refusing to take it off. The failure of the plaintiff to comply with the rule of law that imperatively required him to “ stop, look and listen,” before attempting to cross defendant company’s road at grade, was not merely evidence of negligence, but negligence per se, and a question of law for the court: Railroad v. Beale, 73 Pa. 504; Myers v. B. & O. Railroad Co., 150 Pa. 388, and many other cases that might be cited. The…
2Cases cited1 opinion
- Pennsylvania Railroad v. BealeSupreme Court of Pennsylvania · 1873
3Cited by1 opinion
- Atlantic Refining Co. v. New York, Chicago & St. Louis RailroadSuperior Court of Pennsylvania · 1917