Andrews v. New York & New EngLand Railroad

Citations

• 60 Conn. 293

Syllabus

<p>Where a highway crossing a railroad at grade is very little used, there is a less degree of vigilance required on the part of an engineer of a train approaching the crossing. The requirement of vigilance is to be measured by the total of danger.</p> <p>An engineer is to be judged by the circumstances as they appeared to him at the time, and not as they appear to others afterwards.</p> <p>The eighty rods from the crossing, at which point the law requires the blowing of the whistle, may be eighty rods in a direct line, instead of the curved line of the track. The purpose of the statute ought not to be sacrificed to its letter.</p> <p>The real question is, was the whistle sounded, and in a proper manner, and substantially at the place fixed by law and where it would be likely to be heard by those for whose benefit it is required.</p> <p>In a case where the law furnishes no definite rule as to what a party should do in particular circumstances and the general rule of law is alone applicable,. the law necessarily leaves the two questions, what would a man of ordinary prudence have done in the circumstances, and was the conduct of the party that of such -a man, to the decision of the triers. And if the facts upon which their decision is based are properly found, the decision is final and cannot be reviewed by the court.</p>