Illinois Central Railroad v. Dillon

Citations

• 111 Miss. 520
• 71 So. 809

Syllabus

<p>1. Railroads. Crossing accidents. Licensees. Jury question. Duty. Negligence. Comparative negligence. Effect.</p> <p>Where a street crossing defendants railroad had been discontinued and was not used by vehicles, but pedestrians in large numbers-continued to use it just as they had done before it was discontinued, a plank being placed over a ditch on one side of the crossing and fastened down for the conveniences of pedestrians-using the same, “All of which was well known to the defendant railroad company, which made no protest of any kind on account of this use of the old street. In such case a pedestrian using-such crossing was more than a hare licensee and the railroad company owed him the same duty that it owes to one on its tracks at a public or other crossing, namely the duty not to negligently kill or injure him.”</p> <p>2. Railroads. Crossing accident. Jury question.</p> <p>In a suit for the death of one run down while crossing a railroad track, the question of contributory negligence was properly submitted to the jury.</p> <p>3. Railroads. Crossing. Duty.</p> <p>Where after a street had been discontinued a great many persons-used such «treet to cross defendant’s railroad tracks, which was well known to -defendant, it was negligence for the defendant to back its engine rapidly over such crossing when the engineer could not see in front of his backing engine within two or three car lengths.</p> <p>4. Same.</p> <p>In such case while the railroad company was under no statutory duty to sound alarms for this crossing, yet its common law duty required the engineer to give signal of his approach to this much used crossing.</p> <p>5. Raileoads. Grossing accident. Jury questio'n.</p> <p>In such case the question of the company’s negligence in failing to give warning and in backing the engine at a high rate of speed was a question for the jury.</p> <p>■8. Raileoads. Grossings. Duty of care.</p> <p>Where the view at a railroad crossing is obstructed, it is the duty