165 Pa. 75 | Pa. | 1895
Opinion by
The defendant company’s principal contention is that there. was no evidence introduced on the trial which warranted an inference that there was negligence on its part which caused or contributed to the death of the plaintiff’s father. There was evidence, however, submitted by the plaintiff, to the effect that the train was late and running very fast and that the usual signals given on approaching the crossing were omitted. According to his evidence the whistle was not blown after the train left the cut a half mile from the crossing, until the moment of the collision. The engine bell was not rung and the electric bell by the roadside was • out of order and did not an
We cannot say that the learned court erred in its answer to the defendant’s fourth point. The point entirely ignored the condition at and in the immediate vicinity of the crossing to which reference has already been made. For this condition the defendant company was responsible and in view of it we think the answer to the point was unobjectionable. Nor do we discover any error in the ruling complained of in the 5th specification. There was, as we have already seen, evidence from which it might be fairly inferred that the bell at the crossing was out of order and failed to give notice of the approach of the train, and that before the occurrence in question it was noticed that it rung so lightly that a person within fifteen feet of it could not hear it. In connection with such evidence, it was
The specifications of error are overruled.
Judgment affirmed.
Opinion by
Jan. 7, 1895:
This ease was tried in the court below and argued here with No. 132, Jan. Term, 1894, just decided. The material questions in that case were the same as in this, and for the reasons stated in the opinion filed in that the judgment in this is affirmed.