US SUPREME COURT DECISIONS
FLANNELLY V. DELAWARE & HUDSON CO., 225 U. S. 597 (1912)
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Flannelly v. Delaware & Hudson Co., 225 U.S. 597 (1912)
Flannelly v. Delaware & Hudson Company
No. 132
Argued December 19, 20, 1911
Decided June 10, 1912
225 U.S. 597
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. chanrobles.com-red
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.3d 8, 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. chanrobles.com-red
