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AERKFETZ V. HUMPHREYS, 145 U. S. 418 (1892)

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U.S. Supreme Court

Aerkfetz v. Humphreys, 145 U.S. 418 (1892)

Aerkfetz v. Humphreys

No. 355

Submitted April 29, 1892

Decided May 16, 1892

145 U.S. 418


The obligation upon an employee of a railroad company to take care and exercise diligence in avoiding accidents from its trains while in the performance of his duties about the tracks is not to be measured by the obligation imposed upon a passenger when upon or crossing them.

In an action by a track repairer against the receiver of a railroad to recover damages for injuries received from a locomotive and train while at work repairing the track in a station yard, it is held that the servants of the receiver were guilty of no negligence, and that if they were, the plaintiff's negligence contributed directly to the result complained of.

On May 17, 1887, William Aerkfetz, being under twenty-one years of age, by Frederick Aerkfetz, his next friend, commenced this action in the Circuit Court of the United States for the Eastern District of Michigan against the defendants in error, receivers duly appointed and in possession of the Wabash Railroad, to recover damages for personal injuries caused, as alleged, by their negligence. The defendants answered, and on a trial before a jury the verdict and judgment were for the defendants. To reverse such judgment, this writ of error has been sued out.

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