242 Pa. 497 | Pa. | 1914
The plaintiff was injured at a railway crossing of a private driveway which led from his farm buildings to a public road. The crossing was constructed and maintained by the defendant nnder an agreement by which it secured a right of way and it was necessarily used by the plaintiff in passing to and from his home to a public road. He was riding on a heavily loaded farm wagon and when within a few feet of the track, at a place where he .had a clear view of about four hundred feet, he stopped, looked and listened for a car. His son got down
In submitting the case, the jury was properly instructed that the high degree of care as to signalling and speed required of an electric railway at a public crossing is not always required at a private crossing where the danger of injury is less. But the duty of care does not rest wholly upon a person using the crossing and. the railway company is bound to the exercise of care commensurate with the danger of the particular situation.
The judgment is affirmed.
