Sanders v. Texas & P. Ry. Co.

Citations

• 118 La. 174
• 42 So. 764
• 1907 La. LEXIS 688

Syllabus

<p>Railroads — Injury to Boy on Track.</p> <p>Plaintiff’s son, on whose behalf damages are claimed for personal injuries in having his foot cut off, was a trespasser upon defendant’s right of 'way and was run over by one of its trains, while crossing a railroad bridge over a stream filled with water.</p> <p>He was familiar with the locality and all the existing conditions, and could not have been ignorant of the risk he was assuming. The engineer of the train gave the customary warnings by whistling, and it was the boy’s misfortune, and not the fault of defendant’s employe, that they were not heard.</p> <p>The engineer saw the boy, but could not fix his exact position upon the track, and the only question in the case is whether or not he applied the brakes for the purpose of stopping the train as soon as it was his duty to do so.</p> <p>If we decree the company to be liable for damages, we would be obliged to hold that it was the duty of the engineer to have dealt with absolute certainty with all the different facts which entered into the case. Results show that his judgment was very nearly correct, and would have been so, had the boy not lost time by slipping between two cross-ties.</p> <p>The syllabus in Provost v. Yazoo & Mississippi Valley R. R. Co., 28 South. 305, 52 Ann. 1894, is applicable to the present case.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 41, Railroads, §§ 12í5-12S4.]</p> <p>(Syllabus by the Court.)</p>