Littlejohn v. Richmond & Danville R. R.

Citations

• 49 S.C. 12
• 26 S.E. 967
• 1897 S.C. LEXIS 138

Syllabus

<p>1. Railroads — Public Crossing — Rev. Stat., 1682, Construed. — It is the duty of a railroad company to ring the bell or blow the whistle for thirty seconds before moving a train of cars standing across a street crossing, under sec. 1682, Rev. Stat.</p> <p>2. Ibid. — Ibid.—Words and Phrases — Rev. Stat., 1692, Construed. A person who attempts to cross a train of cars standing across a public way, by climbing between two cars, is such a person as is contemplated in sec. 1692 of Rev. Stat., “If a person is injured in his person or property by collision, &c.” Littlejohn v. R. R. Co., 46 S. C., 181, affirmed.</p> <p>3. Ibid. — Trespass.-—A person who obtrudes himself upon a railroad train with notice to and without objection by the company, may be a trespasser.</p> <p>4. Trespass is a mixed question of law and fact, and should be submitted to the jury under proper instructions from the Court.</p> <p>6. Railroads — Trespass—Estopped—Public Way. — If a railroad company obstructs a public way with its cars for a longer time than permitted by statute, it becomes a trespasser, and • is estopped from saying that a person who climbs upon the cars to cross the track is a trespasser.</p> <p>6. Ibid. — Public Way — Negligence.—A person who attempts to cross a railroad track by climbing between freight cars standing across the waj', assumes all the risk attendant upon his negligence, and whether such negligence is ¿'raw or wilful is a question of fact.</p> <p>7. Negligence — Words and Phrases. — Are wilful and gross negligence the same in degree?</p>