Seaboard Air Line Railway Co. v. Barwick

Citations

• 51 Fla. 304

Syllabus

<p>RAILROAD ACCIDENT LAW—NO RECOVERY WHERE INJURY WHOLLY RESULT OP PLAINTIFF’S NEGLIGENCE.</p> <p>Where a party on a dark night, at a point where there-is no public crossing of a railroad track, steps upon the track within three feet of an approaching engine and train of cars that she knew to be present and approaching, and is struck and injured by such engine, and it is shown by such railroad company by uncontradicted proof that its servants and agents in charge of such engine and cars did use all ordinary and reasonable care and diligence under the circumstances and conditions by which they were then and there surrounded, and were guilty of no negligence that contributed in any way to the bringing about of the injury, and further showed that the injury resulted solely from the party’s own negligence, such party cannot in law recover for such injury.</p>