Erie R. v. Hurlburt

Citations

• 221 F. 907
• 137 C.C.A. 477
• 1915 U.S. App. LEXIS 1386

Syllabus

<p>1. Trial <©=>420—Motion for Directed Verdict—Waiver.</p> <p>Defendant waived its exception to the overruling of its motion for a directed verdict at the close of plaintiff’s evidence by thereafter introducing evidence in its own behalf.</p> <p>LEd. Note.—For other cases, see Trial, Cent. Dig. § 983; Dec. Dig. <3=420.]</p> <p>2. Railroads <©=327-—Crossing Accidents—Liability—Contributory Negligence.</p> <p>A traveler who looked for trains as she approached a railroad crossing was chargeable with seeing what there was to be seen by an ordinarily prudent person.in the exercise of reasonable care, and if she looked attentively, and failed to see what was plainly to be seen, she was negligent.</p> <p>[Ed. Note.—For other cases, see Railroads, Cent. Dig. §§ 1043-1050; Dee. Dig. <3=327.]</p> <p>3. Railroads <©=324—Crossing Accidents—Liability-—Contributory Negligence.</p> <p>Where plaintiff, riding with her husband as they approached a railroad crossing, was looking out for her own safety and using her own oyes and ears for the purpose of determining whether trains were approaching wholly independent of her husband, she was responsible for her own personal negligence in failing to see a train which might have been seen by exercising reasonable care while looking.</p> <p>[Ed. Note.—For other cases, see Railroads, Cent. Dig. §§ 1020-1025; Dec. Dig. <©=324.]</p> <p>4. Negligence <3=89—Crossing Accidents—Contributory Negligence— Imputed Negligence.</p> <p>Where a driver and one riding with him were both engaged in looking and listening for a train as they approached a crossing, the negligence of each while so engaged was the negligence of both.</p> <p>[Ed. Note.—For other cases, see Negligence, Cent. Dig. §§ 130-137; Dee. Dig. <3=89.]</p> <p>5. Railroads <3=350—Crossing Accidents—Actions for Injuries—Questions for Jury.</p> <p>In an action for injuries to a person struck by a train at a crossing from which the track could lie clearly seen for about 1,500 1'eet, her testimon