Schofield v. Chicago, Milwaukee & St. Paul Railway Co.

Citations

• 114 U.S. 615
• 5 S. Ct. 1125
• 29 L. Ed. 224
• 1885 U.S. LEXIS 1801

Syllabus

<p>The doctrine laid down in Railroad Go. v. Houston, 95 U. S. 697, cited and applied to the facts of this case.</p> <p>Where a person, in a sleigh drawn by one horse, on a wagon road, approaching a crossing of a railroad track, with which he was familiar, could have seen a coming train, during its progress through a distance of 70 rods from the crossing, if he had looked from a point at any distance within 600 feet from the crossing, and was struck by the train at the crossing and injured, he was guilty of contributory negligence, even though the train was not a regular one, and was running at a high rate of speed, and did not stop at a depot 70 rods from the crossing in the direction from which the train came, and did not blow a whistle or ring a bell between the depot and the crossing.</p> <p>On these facts, it was proper for the trial court to direct a verdict for the defendant.</p>