Erie R. v. Hanna

Citations

• 179 F. 669
• 103 C.C.A. 227
• 1910 U.S. App. LEXIS 4687

Syllabus

<p>Railroads (§ 350*) — Accidents at Crossings — Negligence and Contributory Negligence — When Questions for Jury.</p> <p>Plaintiff was struck and injured by a train while driving over a grade crossing on defendant’s railroad at night. 1-Ie and two other witnesses, who stated they were paying particular attention, testified directly that the train gave no signal for the crossing by either bell or whistle. The track to within 300 feet of the crossing ran through a cut from 1,200 to T500 feet long, which hid it from the view of a person on the highway. The train which struck plaintiff was a fast freight running downgrade very quietly at a speed of from 50 to 70 miles an hour. Plaintiff stopped and looked and listened by a tree 100 feet from the crossing, which was the usual place, because from there the road ran down a grade to the crossing and the view of the track was more or less obstructed all the way. He did not see nor hear the train, and drove onto the crossing without again stopping, but continued to look and listen. Helé that, on such evidence, the questions of defendant’s negligence and plaintiff’s contributory negligence were both properly submitted to the jury.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. §§ 1152-1192-Dec. Dig. § 350.*]</p>