Beach v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 252, Jan. T., 1904, by defendant, from judgment of C. P. Lancaster Co., Oct. T., 1902, No. 221, on verdict for plaintiff in case of Jacob Beaclx v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Landis, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 252, Jan. T., 1904, by defendant, from judgment of C. P. Lancaster Co., Oct. T., 1902, No. 221, on verdict for plaintiff in case of Jacob Beaclx v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Landis, P. J. The facts are stated in the opinion of the Supreme Court. Defendant presented the following points : 2. Where a collision takes place at the moment when a person, either on foot or in carriage, goes upon a railroad track, he cannot recover, no matter what his testimony may be as to stopping, looking and listening, because the fact of…
1Opinion of the Court
Opinion by
Mb,. Justice Fell,
It has been said repeatedly that the rule that one who goes on a railroad track immediately in front of a moving train which he saw or could have seen if he had looked at the proper place will be presumed to have been negligent, is in its nature applicable only to clear cases where the facts and the inferences to be drawn from them are free from doubt and the conclusion of negligence is irresistible: McNeal v. Pittsburg, etc., Ry., Co., 131 Pa. 184; Muckinhaupt v. Erie Railroad Co., 196 Pa. 213. *571Where negligence has been shown in the management of a train and it…
2Cases cited4 opinions
- McNeal v. Pittsb. & W. Ry. Co.Supreme Court of Pennsylvania · 1890
- Muckinhaupt v. Erie RailroadSupreme Court of Pennsylvania · 1900
- Linden Steel Co. v. Rough Run Mfg. Co.Supreme Court of Pennsylvania · 1893
- Cromley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
3Cited by3 opinions
- Messinger v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
- Guthrie v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1908
- Beach v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1905