St. Louis & S. F. R. Co. v. Chapman

Citations

• 140 F. 129
• 71 C.C.A. 523
• 1905 U.S. App. LEXIS 3929

Syllabus

<p>1, Railroads — Injury of Person at Crossing — Presumption of Negligence.</p> <p>The fact alone that a person who was walking is found dead beneath a railroad engine at a grade crossing raises no presumption that those operating the engine were negligent or in fault for the killing, and the burden rests upon one alleging such negligence to prove the same.</p> <p>[Ed. Note. — For cases in point, see vol. 41, Cent. Dig. Railroads, § 1119.]</p> <p>2. Same — Contributory Negligence.</p> <p>On the arrival of a regular passenger train at a division station in the night, it was the custom of the railroad company to detach the engine and run it ahead across a street crossing the tracks near the station), and to bring it back on another track on its way to the roundhouse, while, at the same .time, another engine, which was in waiting across the street, was backed up and attached to the train. The company did not maintain a watchman at the crossing in the night, and there was no eleetric light over it. Plaintiff’s intestate, who was a man 45 years old and accustomed to taking such train, and presumably familiar with such facts and customs, started to go over the tracks at the crossing, which were six in number, after the train came in, and was struck and killed by the detached engine, which backed up a short distance behind the other engine and on an adjoining track. The space between the two tracks, some nine feet, was planked, and deceased was seen standing in such space when the forward engine passed. The engines carried no lights at the rear of the tenders, but both bells were being rung automatically. No one saw the deceased struck. Held that, under the facts and circumstances shown, deceased was chargeable with contributory negligence, which precluded a recovery from the railroad company for his death.</p> <p>8. Same — Presumption of Care.</p> <p>The doctrine that a person is presumed to have exercised due care to protect himself from injury, if applicable at all in t