Chicago, St. P., M. & O. R. Co. v. Rossow

Citations

• 117 F. 491
• 54 C.C.A. 313
• 1902 U.S. App. LEXIS 4458

Syllabus

<p>1 Railroads—Injury at Crossing—Contributory .Negligence.</p> <p>A farmer, after unloading a load of graip. at an elevator, drove directly to and upon a railroad crossing 330 f.ciet distant, with which he was well acquainted, where he was struck by a passing train and killed. He wore a fur coat, with the collar turned up over his ears and extending forward beyond his face. The ground was frozen, and he drove the entire distance at a trot, without stopping or looking in the direction from which the train was approaching. If he had looked, he could have seen it, and if he had listened he could have heard it, in time to have stopped before reaching the crossing. Held, such facts appearing by undisputed testimony, that he was guilty of contributory negligence as a matter of law, which precluded a recovery for his death, though the railroad company may have also been negligent.</p>