Chicago, R. I. & P. Ry. Co. v. Baldwin

Citations

• 164 F. 826
• 90 C.C.A. 630
• 1908 U.S. App. LEXIS 4683

Syllabus

<p>1. Railroads (§ 383*) — Injury to Person on Track — Contributory Negligence-Pacts Held to Conclusively Establish.</p> <p>A superintendent who had been in charge of some repairing of the Omaha Bridge of the Union Pacific Railroad Company for two months was overtaken and knocked off the north track thereon, which was used for west-bound trains, by a Rock Island engine which came up behind him at a negligently rapid speed while an east-bound train was passing on the south track. He was walking west on the bridge about 300 feet from the east end of it about 10 minutes after 7 on a morning in June. Ploor beams from 6 to 10 inches in width extended upon each side beyond the ties, the rails and the space covered by passing trains at regular intervals of about 24 feet to substantial railings, and pedestrians could step out upon these beams to the railings and stand there safely while two trains were passing at the same time. The superintendent was killed by the fall from the bridge. At any time while he was walking the last 100 feet and was necessarily passing at least 3 of these extended beams he could have seen the Rock Island train approaching if he had looked behind him.</p> <p>Held, these facts conclusively established that the decedent was guiltyi of contributory negligence, and tbe court should hare instructed the jury that the administratrix of his estate could not recover damages on account of his death.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. §§ 1305-1307; Dec. Dig. § 383.*]</p> <p>2. NEGLIGENCE (§ 80*) — NEGLIGENCE 01’ DEFENDANT No EXCUSE FOB CONTRIBUTORY Negligence of Plaintiff.</p> <p>Under the common law one whose negligence directly contributes to his injury cannot recover damages of another whose negligence concurred to cause it. The negligence of the latter is no excuse for the contributory negligence of the former.</p> <p>[Ed. Note. — For other cases, see Negligence, Dent. Dig. § 84; Dec. Dig. § 80.*]</p> <p>3. Negligence (§ 66*)