271 Pa. 290 | Pa. | 1921
Opinion by
Five tracks of defendant’s railroad lie on Washington avenue where it intersects 22d street. The distance between the tracks is the ordinary six feet. Plaintiff, at an early hour in the morning, was walking north on the west sidewalk of 22d street. When he reached the southwest corner of that street and the avenue he stopped, looked each way on the railroad, and listened. He then kept on his journey across the railroad. On the tracks
We have not in any case cited held as a general rule that a pedestrian must stop, look and listen between tracks lying close to each other to observe approaching dangers, but we are now urged to do so. It would be extremely dangerous to adopt such rule, as it would have a tendency to create, either on or between them, a danger where none otherwise would exist. The measure of care by users of railroad crossings is exercised when the person stops at a place of safety where he can see, before going on the road, looks and listens, and, when neither seeing nor hearing danger, proceeds to cross. While in the act of crossing, he must be vigilant to apprehend approaching trains. His failure to do so may be negligence and a question for the court, but in no case has it been held he must stop, look and listen on the tracks or between them while in the act of crossing: Cohen v. Phila. & Reading R. R. Co., 211 Pa. 227; Ayers v. Ry. Co., 201 Pa. 124. Where there is doubt as to the proper place to stop, look and listen, as a general rule such question will be referred to the jury, but where the stop is made at a point where the pedestrian cannot see, the
Judgment affirmed.