Illinois Central Railroad v. Lee

Citations

• 71 Miss. 895

Syllabus

<p>I. Kailroads. Personal injury. License■ Negligence,</p> <p>A licensee on a railroad track must take notice of the customary and reasonable use of the same by the company, and exercise ordinary care to avoid injury from moving trains.</p> <p>%. Same. License. Contributory negligence. Case.</p> <p>A woman, acquainted with the surroundings, approached a switch, habitually and by acquiescence of the company, used as a foot-way by the public. An engine with one car pulled up to two box-cars on the switch, and stopped where she had full view. Without looking out for the train, she went on the track behind the engine and car, and, with her head covered by a sun-bonnet, in face of a strong wind, walked slowly down the track, and was struck and killed by the train backing at the rate of two to four miles an hour. None of the train-men saw her. Held, she failed to use ordinary care, and the company is not liable.</p>