Hebert v. Louisiana Western Railroad

Citations

• 104 La. 483

Syllabus

<p>Syllabus.</p> <p>The engineer of a train running on schedule time, on its own right of way, in the open prairie away from any town or crossing, is not called upon to immediately slacken its speed, from the simple fact that a trespasser, sitting upon the ties, does not at once rise and change his position on receiving warning of the approach of the train by the ringing of the bell, and the blowing of the whistle, duly and properly given.</p> <p>The engineer has the right to assume that he will ultimately obey the signals and is not held to presume, in the absence of some special circumstance, that the inaction of the trespasser is due to some physical cause or infirmity which prevents his leaving the ties.</p>