235 Pa. 429 | Pa. | 1912
Opinion by
This is an action of trespass brought to recover damages for injuries sustained by Julia F. Kehoe, the minor I>lainti£f, on the evening of August 14, 1909, while she was attempting to cross the defendant’s tracks on Market street in the borough of Perkasie, Bucks county. At this point there are two tracks making substantially a right-angled crossing with Market street. The tracks run north and south, and the passenger station is about one hundred and fifty or two hundred feet south of the street. The entire width of the street is forty feet, and
On the evening of the accident, Julia Kehoe passed the crossing from west to east to do some shopping. As she approached the crossing from the east on her return and was a few feet from the rails, a heavy freight train was passing on the south-bound track. The stationary signal bell was ringing. After the rear of the train had passed the crossing about one hundred or one hundred and fifty feet, she testifies that she approached the crossing, stopped, looked and listened and neither seeing nor hearing an approaching train proceeded on her way. The heel of her shoe caught in the space between a plank and the west rail of the north-bound track. At that moment she looked around and saw a freight engine approaching from the south, and before she could extricate her foot the engine passed and her foot was severely injured. She says she was about in the middle of the highway, while some of the defendant’s testimony shows her to have been north of that point at the time she was injured.
This action was brought to recover damages for the injury the girl sustained- by the accident. The negligence alleged was the manner in which the train approached the crossing. It is averred that the locomotive had no headlight or any other light to indicate its presence; that no signals, whistles or any other noise or light or method was used by the defendant to warn the girl of the approach of the engine and train, and that the stationary signal bell was not ringing.
We find no evidence in the record which would have justified the jury in convicting the girl of negligence in crossing the tracks, It is true she deflected from the side of the street in attempting to make the crossing but that was not a negligent act under the circumstances. There was no part of the street specially set aside for pedes
There was evidence in the cause which required the court to submit it to the jury and, finding no error in the charge, the judgment is affirmed.