Gipson v. Southern Ry. Co.

Citations

• 140 F. 410
• 1905 U.S. App. LEXIS 4799

Syllabus

<p>1. Railroads — Accident at Crossing — Wanton and Reckless Killing.</p> <p>Evidence that a railroad train, at the time it struck and killed a person at a crossing in a town, was being run at an unlawful rate of speed, and that the whistle was not blown nor the bell rung as the train approached the crossing, does not sustain an allegation that the killing was wanton and reckless, or intentional, so as to exclude the defense of contributory negligence.</p> <p>[Ed. Note. — For eases in point, see vol. 41, Cunt. Dig. Railroads, §§ 1100, 1101.]</p> <p>2. Same — Contributory Negligence.</p> <p>Where a person killed at a railroad crossing had his senses of sight and hearing, and walked upon the track in full daylight at a place where the train could plainly be seen approaching for a distance of from a quarter to a half mile, he was chargeable with contributory negligence as matter of law, which precludes a recovery for his death from the railroad company, although it was also guilty of negligence in the running of the train.</p> <p>[Ed. Note. — For cases in point, see vol. 41, Cent. Dig; Railroads, §§ 1080, 1189.]</p>