153 Pa. 26 | Pa. | 1893
Opinion by
It was obviously unnecessary for the appellee to drive upon and occupy the railway tracks, as he did, for the purpose of unloading the safe. It was twelve feet and two inches from the curb to the nearest rail, and it sufficiently appears from the evidence produced by him that it was practicable to remove the safe from the wagon to the store without encroaching upon the railway in any manner. It may be conceded, as this evidence shows, that it was easier to make the transfer from the rear end than from the side of the wagon. But it is clear that he needlessly obstructed the tracks in a fit of impatience, if not of anger, caused by the interruptions to which he had been subjected in his work by the passage of the cars, and in the expectation of saving thereby a little labor or a trifling expense in unloading. In this spirit and for this purpose he drove his horses directly across the track, so that their hind feet were on or near to one rail and their fore feet were on or near to the other, and declared in substance that in this position they could be seen by the men in charge of an approaching car in time to prevent a collision. Having thus obstructed the
It is not clear from the evidence in the case that the appellee
Judgment reversed.