364 Pa. 82 | Pa. | 1950
Opinion by
Leño Celia and Guiseppe. Ambrosi instituted this trespass action as co-plaintiffs
The accident occurred at about 9:00 P. M. on November 11, 1946. Appellants, in Celia’s truck, were proceeding southward on Delaware Avenue, in the railroad tracks of appellee, traveling 75 to 100 feet behind a
In Wink v. Western Md. Rwy. Co., 116 Pa. Superior Ct. 374, 176 A. 760, an automobile ran into the 39th and 40th cars of a freight train passing over a railroad crossing on a foggy night. The driver did not see the train until he was within 20 or 30 feet of it, too late to avoid a collision. The jury awarded a verdict for plaintiffs and the trial court entered judgment non obstante veredicto for defendant. On appeal, the Superior Court affirmed, stating (pp. 378, 379) : “Warning signs and signals are provided by railroad companies to warn of the approach of a train to a crossing and not that the crossing is already occupied. The cars themselves on the track are sufficient warning to a driver of a car of that fact. ... if, as here, the train is actually on the crossing when the driver arrives. ... no other signals or Avarnings are necessary in the absence of a statute.
Whether the freight car was moving or at a standstill is immaterial on. the issue of negligence. See Rapp v. Central R. R. of Pa., 269 Pa. 266, 268-269, 112 A. 440. The reason for the rule is that common experience dictates that an object as large as a freight car is, of itself, sufficient notice of its presence to warn any person using the highway with ordinary care. Accordingly, the great weight of authority supports the view that in the absence of a special statute, a railroad company cannot ordinarily be found negligent because it failed to station guards or light the car, or otherwise give warning of its presence in the highway.
It is argued by appellee'that even if there were a duty to provide lights or guards, or both, to warn motorists upon the highway of a standing freight car, the testimony of Celia, the driver, convicts him of contributory negligence as a matter of law, and further, that the absence of such additional warnings in this case could not be considered a contributing cause of the harm, since appellants’ own evidence discloses that Celia’s vision was continuously obstructed by the trailer unit ahead until it turned out to avoid running against the freight car, and thereafter until it was too late to avoid the collision, by the blinding lights of a vehicle traveling in the opposite direction, so that it is obvious
Judgment affirmed.
The foregoing opinion ivas prepared by the late Justice Patterson before his death on January 6, 1950. It is now adopted and filed as the opinion of the Court.
Pa. U. C. P. 2229(a).
By definition railroad cars are excluded from the requirement of section 801 (i) of The Vehicle Code of 1929, P. L. 905, 75 PS 851. that parked vehicles be lighted at night. The definition of “vehicle”, in section 102, 75 PS 2, specifically excepts “devices . . .' used exclusively upon stationary rails or tracks.”