Davidson v. Illinois Cent. R.

Citations

• 124 La. 165
• 49 So. 1015
• 1909 La. LEXIS 449

Syllabus

<p>1. Railroads (§ 314*) — Accidents at Crossings — Duty on Railroad.</p> <p>A passenger train running at about 40 miles an hour at a crossing, where there are obstructions to the view near the line of the track, and meeting at that point a long freight train going in the opposite direction, its officers and employes should look carefully in order to avoid an accident.</p> <p>2. Track Straight.</p> <p>The road in front was open and uninterrupted; the track is straight.</p> <p>B. Railroads (§ 338*) — Accidents at Crossings — Injury Avoidable Notwithstanding Contributory Negligence.</p> <p>The boy billed, the weight, of the evidence shows, was on the track of the passenger train a. minute or over, looking- at the passing freight train. His back was to the advancing train.</p> <p>1. Decedent should have been Seen.</p> <p>The boy should have been seen before he ivas seen in time for sharp and sudden alarm.</p> <p>(Syllabus by the Court.)</p>