Aerkfetz v. Humphreys

Citations

• 145 U.S. 418
• 12 S. Ct. 835
• 36 L. Ed. 758
• 1892 U.S. LEXIS 2150

Syllabus

<p>The obligation upon an employé of a- railroad company to take care and exercise diligence in avoiding accidents from its trains, while in the performance of his duties about the tracks, is not to be measured by the obligation imposed upon a passenger when upon or crossing them.</p> <p>In an action by a track repairer against the receiver of a railroad to recover damages for injuries received from a locomotive and train while at work repairing the track in a station yard, it is held that the servants *of the receiver were guilty of no negligence; and that if they were, the plaintiff’s negligence contributed directly to the result complained of.</p>