Hopson v. Kansas City, Memphis & Birmingham Railroad

Citations

• 87 Miss. 789

Syllabus

<p>1. Raiuroabs. Crossings. Highways. Duty of traveler.</p> <p>It is incumbent upon a traveler on a highway, when approaching and about to cross a railroad track, to use that degree of care and caution rendered necessary by a reasonable regard for his safety under the surrounding circumstances, and to use all- reasonable precautions to inform himself of the approach of a train.</p> <p>2. Same. Question of fact. Contributory negligence.</p> <p>Whether a traveler approaching and about to cross a railroad track is required to “stop and listen” or whether a less degree of care will suffice to relieve him from the imputation of contributory negligence is generally, but not invariably, a question of fact to be submitted to a jury.</p>