Southern Ry. Co. v. Simpson

Citations

• 131 F. 705
• 65 C.C.A. 563
• 1904 U.S. App. LEXIS 4309

Syllabus

<p>1. Federal Courts — State Statutes — Construction—State Decisions — Conclusiveness.</p> <p>The opinion of a state court of last resort, construing a state statute, is conclusive on the federal courts sitting in such state to the extent only of the precise question decided.</p> <p>2. Railroads — Injuries at Crossings — Statutes—Construction.</p> <p>Shannon’s Code, §§ 1574-1570, requires every railroad company to keep some person on its locomotive always on the lookout ahead, and, when any person, animal, or other obstruction appears on the road, to sound the alarm whistle, put down brakes, and exercise every possible means to stop the train and prevent an accident, and renders a railroad company absolutely liable for an accident caused by a failure to comply therewith. Held, that such sections did not render the railroad company absolutely liable for a collision occurring in the daytime, while the engine was being operated backwards with the tender in front, and that the refusal of the court to charge that if the engineer was actually on the lookout ahead of his engine, and saw plaintiff’s vehicle as soon as it could have been seen, as it approached and entered on the crossing, and the engineer immediately blew the alarm whistle, put down the brakes, and used every possible means to stop the train and prevent the accident, plaintiff could not recover, though the engine was being operated backwards, was error.</p> <p>3. Statutory Obligation — Pleading—Amendment—Departure.</p> <p>Where a declaration in an action for injuries at a railroad crossing alleged that defendant wrongfully and negligently ran its engine and cars against plaintiff, when crossing its track in a lawful and prudent manner, it stated a cause of action at common law and under Shannon’s Code, §§ 157it-1576, requiring every railroad company to maintain a lookout ahead on the locomotive, etc., and rendering the company absolutely liable for damages occasioned by failure to comply with the act, though