Denver City Tramway Co. v. Cobb

Citations

• 164 F. 41
• 90 C.C.A. 459
• 1908 U.S. App. LEXIS 4611

Syllabus

<p>1. STREET Raihroads — Injury at Crossing — Contributory Negligence.</p> <p>The law gives no right of recovery for an injury sustained by a pedes» trian in k collision with a car at a street crossing, where both parties are negligent, each disregarding his own duty and seemingly relying upon a performance of the duty of the other, and where the injury resulting from their concurring negligence would have been avoided if the duty of either had been performed.</p> <p>2. Same —Duty of Pedestrian — Looking Along Tracks for Approaching Car.</p> <p>The law requires a pedestrian, about to cross over a street railroad, to look along the tracks to ascertain whether a car is approaching near by, and to do so at a place and time when it will be reasonably calculated to be effectual for his protection.</p> <p>[Ed. Note. — For cases in point, see Cent Dig. vol. 44, Street Railroads;. § 208.]</p> <p>3. Same — Contributory Negligence — “Last Chance Doctrine.”</p> <p>The exception to the general rule making contributory negligence a defense, known as the “last chance doctrine,” does not apply where there is no negligence of the defendant supervening subsequently to that of the plaintiff, as where his negligence is continuous and operative down to-the moment o£ the injury, or where his negligence or position of danger is not discovered by the defendant in time to avoid the injury.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 44, Street Railroads, § 219.1</p> <p>(Syllabus by the Court.)</p>