Flannelly v. Delaware & Hudson Co., 225 U.S. 597 (1912)

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Flannelly v. Delaware & Hudson Company

No. 132

Argued December 19, 20, 1911
Decided June 10, 1912
225 U.S. 597

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

The law requires of one going upon or over a railroad crossing the exercise of such care for his own protection as a reasonably prudent person ordinarily would take in the same or like circumstances, including the use of his faculties of sight and hearing.

Whether such care has been exercised is generally a question of fact for the jury, especially if the evidence be conflicting or such that different inferences may reasonably be drawn from it.

In this case, held that the evidence on the question of contributory negligence of a woman crossing a dangerous railroad crossing was properly submitted to the jury, and that there was evidence from which the jury could well have found, a they did, that she was not negligent. 172 F. 328, reversed.

The facts, which involve the question of negligence of a railroad company and degree of care required by one crossing a track, are stated in the opinion.