Hoover v. Tex. & P. R'y Co.
Hoover v. Tex. & P. R'y Co.
Opinion of the Court
We have examined very closely into the facts of this case, and after some hesitation have reached the conclusion that the judgment of the district court is sustained by the law and the evidence.
The court found, and the evidence justified the court in so finding, that the deceased was guilty of contributory negligence.
The general rule is, that a person (or his heirs in case of his death) cannot recover for an injury to which he contributed by his own want of ordinary care. Pierce on Railroads, p. 323.
The record shows that at the period when the deceased entered upon the appellee’s track, the danger from the engine and tender was imminent, and that in so doing he was unquestionably guilty of negligence that was the proximate cause of the injuries received by
Affirmed.
[Opinion delivered May 6, 1884.]
Reference
- Full Case Name
- W. C. Hoover v. Tex. & P. R'y Co.
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- 1. Contributory negligence — Damages.—When one enters upon a railway track under circumstances which make it obviously an act of imminent danger on account of the rapid approach of an engine and tender, and receives hurt therefrom, he cannot, on account of his own negligence, recover damages ; and this though the injury was inflicted in an incorporated city by an engine running backward with tender in front, without ringing the bell or sounding the whistle, and at a rate of speed forbidden by the ordinances of the city.