Atchison, Topeka & Santa Fe Ry. Co. v. Calhoun, 213 U.S. 1 (1909)

Atchison, Topeka & Santa Fe Railway Company v. Calhoun

No. 71

Argued January 12, 13, 1909
Decided February 23, 1909
213 U.S. 1

ERROR TO AND APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF OKLAHOMA

Syllabus

Although defendant may have been originally in fault, an entirely independent and unrelated cause subsequently intervening, and of itself sufficient to have caused the mischief, may properly be regarded as the proximate cause of plaintiff’s injuries. Insurance Co. v. Tweed, 7 Wall. 44.

An unsuccessful attempt to replace a child on a railroad car held in this case to be the proximate cause of injury to the child notwithstanding such attempt was made as the result of the child’s mother’s having been prevented from getting off the car by the negligence of the railway employees.

Failure to foresee and provide against extraordinary and unreasonable risks taken by other persons cannot be regarded as negligence, and so held that a railroad company was not liable for negligence to one who, in a reckless effort to run after and board a rapidly moving train, stumbled on a truck which had been left by an employee at a place where ordinarily no passengers got on or off the cars.

18 Okl. 75 reversed.

The facts are stated in the opinion.