Hearne v. Southern Pacific Railroad

Citations

• 50 Cal. 482

Syllabus

<p>Damages eob Iwuby by B Amito ad.—A person crossing the track of a railroad upon a public highway is bound to exercise proper care to avoid the cars of the railroad company; and if he does not do so, and for that reason is injured, and by the exercise of such care could have avoided the danger, he cannot recover damages.</p> <p>Idem.—If a person, while crossing the track of a railroad on a public highway, is injured by a passing train, his negligence, if it contributes at all to the injury, contributes directly and proximately.</p>