Opinion

Fallon v. Penn Central Transportation Co.

  • 444 Pa. 148
  • 279 A.2d 164
  • 1971 Pa. LEXIS 771
Court
Supreme Court of Pennsylvania
Filed
Jul 21, 1971
Status
Published
Author
Eagen
On the bench
Barbieri, Bell, Brien, Eagen, Jones, Pomeroy, Roberts
Cited by
18 cases

recognizing “a special duty of care” on the part of a railroad toward motorists at a crossing with “a dangerously limited view”

How later courts described this case

  • recognizing “a special duty of care” on the part of a railroad toward motorists at a crossing with “a dangerously limited view”
  • unobstructed view possible only by placing vehicle into swath of oncoming train and failure of train to sound whistle

Written by the judges who cited it.

The opinion

Concurring Opinion by

Mr. Justice Eagen :

While I join in Mr. Justice Barbieri’s opinion, I feel compelled to add that in a proper case I will urge *159 this Court to re-evaluate several prior decisions applying to the “Stop, Look and Listen” rule.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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