Boston & M. R. R. v. McGrath

Citations

• 179 F. 323
• 102 C.C.A. 507
• 1910 U.S. App. LEXIS 4641

Syllabus

<p>Railroads (§ 328*) — Injuries to Pedestrian — Failure to Look and Listen-Contributory Negligence.</p> <p>Where the distance between the track on which a freight car was standing and that on which an engine was approaching was such that plaintiff could have seen the approaching engine for some distance if he had looked in that direction as he was passing the freight car before he stepped on the track, the presence of the freight car, instead of being an excuse for plaintiff’s failure to see the approaching engine, was notice to plaintiff of danger, so that his failure to look and listen constituted contributory negligence, precluding a recovery for injuries sustained in the collision which followed.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. §'§ 1057-1070; Dec. Dig. § 328.*]</p>