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· 3/15/1909

St. Louis & San Francisco Railroad v. Ruff

Citations

  • 95 Miss. 165
  • 48 So. 184

Syllabus

<p>Railroads. Injury to person on track. Contributory negligence. Code 1906, § 4043. Unlawful speed of train.</p> <p>A pedestrain on a straight railroad track meeting a train, signals of its approach having been sounded three times within the range of his hearing, who failed to look ahead until the headlight of the engine was seen by him reflected on the track and . who thereafter needlessly remained on the ends of the cross-ties until he was struck by the locomotive, was guilty of contributory negligence as a matter of law, and cannot recover of the railroad company for his injuries, although the train was being run at an unlawful speed within the limits of a municipality and failed to slacken its speed as it approached the pedestrian.</p>

Judges: Whitfield

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