O'Neil v. Pittsburg, C., C. & St. L. R. Co.

Citations

• 130 F. 204
• 1904 U.S. App. LEXIS 4798

Syllabus

<p>1. Master and Servant — Injury to Servant — Fellow Servants.</p> <p>A flagman employed by a railroad company and stationed at a street crossing, with the company’s tracks on either side of him, necessarily assumes the risk incident to crossing such tracks in passing to and from his station, and until he has passed over them after his hours of work are over he remains a fellow servant with the employés running trains thereon, and cannot recover from the master for an injury due to their negligence.</p> <p>2. Same — Contributory Negligence.</p> <p>A flagman, injured by an engine while he was crossing the tracks of his employer’s road in the dark when leaving his station, held chargeable with contributory negligence, which precluded his recovering damages from the railroad company, where he neither stopped before stepping on the track, nor listened for the train, which he had previously seen approaching.</p>