Taylor v. Vicksburg, S. & P. Ry. Co.

Citations

• 123 La. 768
• 49 So. 518
• 1909 La. LEXIS 777

Syllabus

<p>1. Railroads (§ 308*) — Dangerous Crossing Without a Flagman.</p> <p>The railroad company was required by city ordinance to have a flagman at the crossing, in order to flag trains and keep away the public when there was danger.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. §'§ 978-980; Dec. Dig. § 308.*]</p> <p>2. Railroads (§ 348*) — Accidents at Crossing — No Precautions Taken.</p> <p>The driver, who received injuries from the effect of which he died, was not at fault before attempting to • pass and before arriving at the main track.</p> <p>[Ed. Note. — For other cases, see Railroads, Dec. Dig. § 348.*]</p> <p>3. Railroads (§ 348*) — Accident at Grossing — No Proper Warning Given.</p> <p>At the moment of danger he urged his team across. No proper warning was given him against approaching danger. ITe was halloed at by at least t.vo persons on the track near his wagon. Realizing then the danger, he failed to see that it was safer for him to stand than to move. His failure was owing to the negligence of the defendant company in its not having a watchman on guard as required.</p> <p>[Ed. Note. — For other cases, see Railroads, Dec. Dig. § 348.*]</p> <p>4. Exposure to Injury.</p> <p>This should be so far as possible avoided, and to that end, as danger increases, so should there be increased precaution.</p> <p>5. Railroads (§ 301*) — Accident at Crossing.</p> <p>Each had the right to pass at the public crossing; the train on the one hand, and the wagon on the other. The peril occasioned by the want of precaution on the part of the former was cause of the collision.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. § 936; Dec. Dig. §' 301.*]</p> <p>(Syllabus by the Court.)</p>