Tatum v. Rock Island, A. & L. R.

Citations

• 124 La. 921
• 50 So. 796
• 1909 La. LEXIS 565

Syllabus

<p>Railroads (§§ 381, 387*) — Accident at Crossing — Contributory Negligence.</p> <p>It is negligence per se for a traveler to attempt to cross a railroad track a few feet m front of an advancing train, when warned of its approach, and when, by the exercise of the least degree of ordinary care, the imminent danger of the situation could have been discovered. In such a case, the negligence of the party injured, being the proximate cause of the accident, may be urged as a defense by the railroad company, although itself guilty of negligence contributing remotely to the happening of the accident.</p> <p>(Syllabus by the Court.)</p>