Erie R. v. Weber

Citations

• 207 F. 293
• 1913 U.S. App. LEXIS 1626

Syllabus

<p>1. Railroads (§ 350*)—Accident at Crossing—‘Gontbibittoby Negjligence— Question bob Juey.</p> <p>■ Two persons, who, with a third, were walking along a street alter dark in the evening, where it was crossed by seven railroad tracks, were struck and killed by an engine on the fifth track. There were gates at the crossing, which had been lowered on the approach of an engine and cars on the first, track. There was testimony, the engine having stopped before reselling the crossing, the gates were raised. There was evidence that the parties looked in both directions and listened before going upon the track, but did not see nor hear the approaching engine; that their view in the direction from which it came was obstructed by steam and smoke from the standing engine, which was blowing in the direction they were walking; and also that the engine was running at a high rate of speed and did not sound either bell or whistle. Held, that the question of contributory negligence, as well as the negligence of the railroad company, was for the jury.</p> <p>[Ed. Note.—For other cases, see Railroads, Cent. Dig. §§ 1152-1192; Dee. Dig. § 350.*]</p> <p>2. Trial (§ 178*)—Motion fob Directed Verdict—Review of Evidence.</p> <p>On request for directed verdict, the court is bound to take that view of the evidence most favorable to the adverse party.</p> <p>[Ed. Note.—Eor other eases, see Trial, Cent. Dig. §§ 401-403; Dee. Dig. § 178.*]</p> <p>3. Evidence (§ 588*)—Trial (§ 140*)—Credibility of Testimony—Question for Jury.</p> <p>The credibility of witnesses is peculiarly a question for the jury, and in the absence of established, facts and circumstances with which the testimony cannot be reconciled it cannot be disregarded as incredible.</p> <p>[Ed. Note.—For other cases, see Evidence, Cent. Dig. § 2437; Dec. Dig. § 588;* Trial, Cent. Dig. §§ 334, 335; Dec. Dig. § 140.*</p> <p>Credibility of witnesses or. parties testifying as question for jury, see note to Missouri, K. & T. Ry. Co. v. Col