Pennsylvania Superior Court Reports Volume 19

Pennsylvania Superior Court Reports Volume 19

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ... collision. This is conclusive against the plaintiff of the fact that the engineer was negligent in failing to stop at the earliest moment. But the plaintiff replies that if this be true, then the defendant was negligent in not having a signal in a position to protect the crossing. The answer is that the signal was not intended to protect the crossing, but only the block beyond the signal. The crossing-was protected by the gates and the gateman in the ordinary and usual method adopted for protecting such crossings. In this discussion we have endeavored to give to the plain 365, (1901.), Opinion of the Court-Dissenting Opinion. ' tiff's evidenceall the. weight to. which it is entitled. We" can find in it nothing which proves the defendant company guilty of negligence, nor from which a jury might legitimately infer negligence. Therefore, we conclude thatno error was committed by the court below in refusing to take off the judgment of nonsuit. Judgment affirmed. RICE, P. J., dissenting: Whether in view of all the circumstances--the location of the a, populous suburb of the city of Philadelphia; its condition as to ice and snow on the day in question, because of which the plaintiff's team was stalled; its distance from the point. where it would come in view of the engineer of an approaching train looking out for the crossing and the block signal at that point; the time that would elapse in traversing that distance; the condition of the block signal, and the other warnings that were given--the duty_of exercising due, care required the train to be stopped so as to avoid the collision, and whether it could have been stopped were questions of fact which I respectfully but earnestly'. contend more

Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236762916
  • 9781236762917