Keppleman v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 431, Jan. T., 1898, by plaintiff, from judgment of C. P. Berks Co., Sept. T., 1897, No. 95, refusing to take off nonsuit. Trespass for personal injuries. Before Endlich, J. The facts appear by the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit. cited Gray v. Penna. R. Co., 172 Pa. 383.
1Opinion of the Court
Per Curiam,
While the evidence on which the judgment of nonsuit was entered clearly shows that the defendant railway company was negligent in not giving any warning, by bell, whistle or otherwise, of the approach of its locomotive, it also appears that the plaintiff himself was guilty of contributory negligence in not properly complying with the now familiar rule: “ Stop, look and listen.” On leaving the office of the Reading Gas Works, where he was employed, he stopped on the doorsill, about eighteen inches higher than the pavement, and looking over the tops of cars of the coal train then…
2Cited by5 opinions
- Frank v. Reading Co.Supreme Court of Pennsylvania · 1929
- Testo v. Oregon-Washington Railroad & Navigation Co.Idaho Supreme Court · 1921
- Elston v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1900
- Barthelmas v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1909
- Siegel v. New York Central RailroadSuperior Court of Pennsylvania · 1917