Atlantic Refining Co. v. New York, Chicago & St. Louis Railroad
Superior Court of Pennsylvania
Appeal, No. 159, April T., 1917, by plaintiff, from judgment of C. P. Erie Co., Peb. T., 1916, No. 150, for defendant n. o. v. in case of Atlantic Refining Company v. New York, Chicago & St. Louis Railroad Company. Trespass to recover damages for injuries to an automobile, sustained at a grade crossing.
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Appeal, No. 159, April T., 1917, by plaintiff, from judgment of C. P. Erie Co., Peb. T., 1916, No. 150, for defendant n. o. v. in case of Atlantic Refining Company v. New York, Chicago & St. Louis Railroad Company. Trespass to recover damages for injuries to an automobile, sustained at a grade crossing. Before WhittelSBY, J. At the trial it appeared that between ten and eleven o’clock p. m. on September 29,1915, plaintiff’s driver approached a grade crossing, and without stopping drove upon the tracks and collided with a train causing the injuries for which the suit was brought. The…
1Opinion of the Court
Opinion by
Orlady, P. J.,
After a verdict in favor of the plaintiff, the court made absolute a rule to show cause why judgment should not be entered non obstante veredicto-. No uhusual question is presented on this appeal, and in the opinion filed entering judgment for the defendant, a convincing analysis is made of the testimony, which satisfies us that the court. should have sustained the defendant’s fifth point for instructions and directed a verdict for the defendant.
The rule to stop, look and listen, is not a rule of evidence but a rule of law, peremptory, absolute, and unbending; and the…
2Cases cited4 opinions
- Aiken v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- North Pennsylvania Railroad v. HeilemanSupreme Court of Pennsylvania · 1865
- Borofsky v. West Jersey & Seashore R. R.Superior Court of Pennsylvania · 1917
- Ritzman v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1898
3Cited by4 opinions
- Serfas v. Lehigh & New England RailroadSupreme Court of Pennsylvania · 1921
- Frances v. Monongahela Railway Co.Superior Court of Pennsylvania · 1927
- Von Bergen v. Erie RailroadSuperior Court of Pennsylvania · 1918
- Dolibois v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1951