Grimsley v. Northern Pac. Ry. Co.

Citations

• 187 F. 587
• 109 C.C.A. 417
• 1911 U.S. App. LEXIS 4204

Syllabus

<p>Railroads G 328*) — Accidents at Crossings -Contributory Negligence.</p> <p>PlaiirfitFs husband, while driving across the main track of defendant’s railroad at a street crossing in a village, was struck and killed by a mail train, running at a speed of about 40 miles an hour, which did not stop at such station. Deceased had been driving along a parallel street, from which his view of the railroad was somewhat obstructed; but after turning upon the crossing street, and crossing a passing track, 45 feet from the main track, he had a clear view along the main track in the direction from which the train approached for several hundred feet, obstructed only occasionally by the smoke and steam from an engine standing on the passing track. He did not stop to look or listen after crossing ihe passing track. Hold, that his failure to do so constituted contributory negligence as matter of law, which precluded a recovery for his death.</p> <p>|Ed. Note. — For other eases, see Railroads, Cent. Dig. §4j 1057-1070; Dec. Dig. $ 328.*|</p>