Daily v. Richmond & Danville Railroad

Citations

• 106 N.C. 301

Syllabus

<p>Negligen ce — Dam ages — Idiot—In toxi cation — Crossin g.</p> <p>1. A., an idiot, and under the influence of liquor, crossed a railroad track at a usual place of crossing in or near a populous town, and was struck and injured by a passenger train, running at about the usual speed of twenty or twenty-five miles an hour. Owing to obstructions near the track, upon another railroad, he could not have seen the train until within six feet of the track he was crossing. It did not appear how near the train was to him, nor whether the engineer saw or could have seen him in time to have stopped: Held, that it was not error in the Court below to decide that plaintiff could not recover in any view of the case.</p> <p>2. Even if the engineer bad seen him crossing the track in time to stop his train, and did not know of his infirmity, he was justified in • assuming that he would get off in time to avert danger, and he was not bound to check its speed. If he (the engineer) carelessly refrained from checking speed, when he might, without injury to the passengers, have averted the injux-y, he is guilty of negligence, even though the party injured was guilty of contributory negligence.</p>