Paul v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 22, Jan. T., 1911, by plaintiffs, from judgment of C. P. Schuylkill Co., Nov. Term, 1905, No. 288, on verdict for defendant by direction of the court in case of Henry Paul, in his own right, and Edward Paul, by his father and next friend, Henry Paul, v. The Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Bechtel, J. The facts appear in the opinion of the Supreme Court.
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Appeal, No. 22, Jan. T., 1911, by plaintiffs, from judgment of C. P. Schuylkill Co., Nov. Term, 1905, No. 288, on verdict for defendant by direction of the court in case of Henry Paul, in his own right, and Edward Paul, by his father and next friend, Henry Paul, v. The Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Bechtel, J. The facts appear in the opinion of the Supreme Court. The court directed a verdict for the defendant.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The unbending rule as to the duty of a traveler on a public highway, as he approaches a railroad crossing over it, is to stop, look and listen. He must listen as well as look, for conditions may be such that though, when he stops at a proper place and looks, he cannot see a coming train, he yet must hear it if he listens. And if he then, in spite of what he hears, walks or drives on into almost instant collision with the train, he is as guilty of contributory negligence as if he had plainly seen its coming. “The law requires a listening, as well as a looking, for a…
2Cases cited2 opinions
- Hess v. Williamsport & North Branch RailroadSupreme Court of Pennsylvania · 1897
- Penn. R. v. MooneySupreme Court of Pennsylvania · 1889
3Cited by19 opinions
- Grimes v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1927
- Kolich v. Monongahela Railway Co.Supreme Court of Pennsylvania · 1931
- Rhodes v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1929
- Rattie v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1927
- Labelle v. Central Vermont Railway Co.Supreme Court of Vermont · 1913
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