Heebe v. New Orleans & C. Railroad, Light & Power Co.

Citations

• 110 La. 970
• 35 So. 251
• 1903 La. LEXIS 733

Syllabus

<p>STREET RAILROADS — ACCIDENT AT CROSSING —CONTRIBUTORY NEGLIGENCE.</p> <p>1. The recognized rule is that before attempting to cross a railway track a person should stop, look, and listen, and it will hardly do to substitute for it a rule to the effect that, being at a distance from a crossing, towards which he and an electric or steam car are traveling, he may then form an opinion as to which of the two will get there first, and, acting upon that opinion, essay the crossing without giving himself further concern upon the subject.</p> <p>2. The fact that a street railway company has operated a car at too high a rate of speed will not entitle a party who is injured to recover if it appears that the fault of the company would not have caused the injury save for the supervening and greater fault of the party injured.</p> <p>(Syllabus by the Court.)</p>