Downing v. Morgan's Louisiana & Texas Railway & Steamship Co.

Citations

• 104 La. 508

Syllabus

<p>Syllabus.</p> <p>1. The parties in charge of a railroad train do not perform their whole duty, under all circumstances, by pursuing the regulation method of giving notice by the ringing of a bell or following out1 any prescribed mode of giving warning. The precautions to be adopted and the steps to be taken in aid of safety increase as the danger of accident and injury is Increased, and their sufficiency is to be guaged by what is called for by the circumstances of each ease.</p> <p>2. Where a working train upon a railroad backs down upon a rarely used side track, towards a point in a village street which its people have for years 1 used for crossing the street, simultaneously with the passing of a freight train through the same street along a parallel track, the trainmen on the working train are bound to know of the probability of there being persons detained at or near the side track or in the vicinity of the crossing by reason of the passing of the train on the main track; of the danger of their having- their attention directed to that train; of the great probability of their not bearing or noticing signals which, under ordinary circumstances, might have sufficiently warned persons of the approach of a train on the side track; of the danger of these signals being mistaken, for signals from the train on the main track. They, therefore, should be specially and exceptionally careful to guard against dangers arising from this special situation.</p> <p>If they back the train down to the crossing, without giving warnings properly called for by this situation, and in so doing run over and kill a man, standing at or near the crossing whom they were almost forcedly called upon to see i£ they had been looking in front of them, the railroad company is responsible for damages for their act.</p>