Ellis v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 50, Oct. T., 1906, by-defendant, from judgment of O. P. No. 3, Allegheny Co., May T., 1904, No. 356, on verdict for plaintiff in case of Mary Elizabeth Ellis v. Pennsylvania Railroad Company. Trespass to recover damages for death of plaintiff’s husband. Before Evans, J. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $3,700. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The only question to be considered is whether the facts shown by the plaintiff’s testimony bring the case within the *417established rulé that one who goes in front of a moving train which he had ample opportunity to see and avoid will be conclusively presumed to have been negligent.
The plaintiff’s husband was killed at a grade crossing of the ' defendant’s road, where there were five tracks, in the borough of Wilkinsbuxg. He used the crossing daily and was familiar with all the surroundings. Just before starting to cross the tracks, he stopped and looked east and west.…
2Cited by2 opinions
- Tressler v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1909
- Wysochansky v. Delaware & Hudson RailroadCourt of Appeals for the Third Circuit · 1949