Louisville & N. R. v. Truett

Citations

• 111 F. 876
• 50 C.C.A. 42
• 1901 U.S. App. LEXIS 4441

Syllabus

<p>Railroads—Accident at Crossing—Tennessee Statute.</p> <p>Shannon’s Code Tenn. §§> 1574-1576, require every railroad companj to keep some person on the lookout upon all locomotives, and when any, person, animal, or other obstruction appears on the road to give the alarm, put down the brakes, and use every possible means to stop the train and prevent an accident. They further provide that if it fails to take such precautions it shall be responsible for all damages resulting from any accident or collision that may occur, but that if the precautions are taken it shall not be liable, and place the burden of proof upon the company. ■ As construed by the supreme court of the state, such statute makes a company absolutely liable unless It shows a compliance therewith, and contributory negligence is not a defense, but goes only in mitigation of damages, flie court also holds, however, that if a person seen on the track gets off, and out of reach of the train, while under observa- • tion, the company is not bound to exercise the precautions mentioned, although such person may afterward get back to the track and be injured. Held, that the latter rule only applied where such person had got far enough from the track, and under such circumstances, as to reasonably indicate his safety; and that where a person about to cross a track on horseback, on seeing an approaching train, attempted to turn his horse back, but the horse became frightened and unmanageable, the question whether the failure of the engineer to make any attempt to stop the train rendered the company liable for the death of such person was one of fact for the jury, there being evidence tending 'to show that such death was caused by the horse crowding so close to the train that deceased was struck by a passing car, and that when he was upon the track, and first seen by the engineer, the train was at such a distance that the speed might have been slackened, if not entirely stopped, before reaching the crossing, 1</