Jones v. Sibley, L. B. & S. Ry. Co.

Citations

• 121 La. 39
• 46 So. 61
• 1908 La. LEXIS 627

Syllabus

<p>1. Railroads — Injury to Person on Track— Contributory Negligence.</p> <p>Plaintiff, who was injured about dark while walking down a railroad track at a station where switching was going on, was guilty of gross negligence in not using his senses to perceive several loaded cars rolling down the track behind him, and in not heeding shouts of warning given by the trainmen on a locomotive standing near by.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 41, Railroads, §§ 1305-1310.] .</p> <p>2. Same — Negligence oe Trainmen.</p> <p>In such a case mere concurring negligence on the pa.rt of the trainmen would not make the company liable; but the burden is on the plaintiff to prove that the accident might have been avoided by the use of ordinary care on their part after the danger to plaintiff became apparent.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 41, Railroads, §§ 132iL-1325, 1341-1343.]</p> <p>3. Same — Diligence Required oe Engineer.</p> <p>In such a case the engineer was not required to use all possible precautions to avert the accident, and cannot be deemed negligent because he shouted a warning, instead of sounding the danger signal. The error, if any, was one of judgment, on a sudden emergency created by the negligence of the plaintiff.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 41, Railroads, §§ 1275, 1324, 1325.]</p> <p>Monroe, J., dissenting.</p> <p>(Syllabus by the Court.)</p>