Atchison, Topeka, & Santa Fe Railway Co. v. Calhoun

Citations

• 213 U.S. 1
• 29 S. Ct. 321
• 53 L. Ed. 671
• 1909 U.S. LEXIS 1848

Syllabus

<p>Although defendant may have been originally in fault, an entirely independent and unrelated cause subsequently intervening, and of itself sufficient to have caysed the mischief, may properly be regarded as the proximate cause of plaintiff’s injuries. Insurance Co. v. Tweed, 7 Wall. 44.</p> <p>An unsuccessful attempt to replace a child on a railroad car held, in this case, tó be the proximate cause of injury to the child notwithstanding such attempt was made as the result of the child’s mother having been prevented from getting off the car by the negligenc'e of the railway employes.</p> <p>Failure to foresee and provide against extraordinary and unreasonable risks taken by other persons cannot be regarded as negligence, and so held that a railroad company was not .liable for negligence to one who, in a reckless effort to run after and board a rapidly moving train, stumbled on a truck which had been left by an employé at a place where ordinarily no passengers got on or off the cars.</p> <p>18 Oklahoma, 75, reversed.</p>