The morning times., 1896-02-13
must LOOK BOTH WAYS
More Court Decisions Regard
ing Street Railway Injuries.
FAVOR THE CORPORATIONS
Contributory Negligence on the Part
OF the Person Injured Precludes
the Recovery OF Damages Under
Any yCircumsfances-pe Cross
Ing Tracks Must Look Both Ways.

Several cases turning upon the doctrine
of contributory negligence OF persons in
jured on railroads were decided here
yesterday. Two We're upon opinions
harded down by he court OF appeals, beth
written by Justice Norris
Ii is Ec.d by tie court OF appeals to be q
duty for the. citizen TO look both ways in
crossing a street car track, and TO avoid
going Ice. ween TWO cars running in OPP
posiIe directions ir they are close tC-
geIber. The speed of cars in such case,
il is asserted, need not always be taken
into consideration.
The suil decided was Thomas Hurdle VS..
Washington and Georgetown Railroad
Company. HuIdlc saw me cars approach
ing, but miscalculated the speed OF that
one on lie farther track. Ii was at
greater distance than lhe car on the track
nearest him. ii was in the days before
The cable was put in. Hurdle ducked
under The heads Of the horses on the near
ear, but the horses on the farther track
were coming much faster than he sup
posed. They Knocked him down, and he
was badly crushed under tbe car.
In Tie lower court the judge held that
The accident was Hurdles fault, and di-
reclcd verdict Tor the company. This
view was sustained by the court of appeals.
As the farthest car was only about twenty
fce away, says Judge Morris, the PLAINTIFF
way 10 be clear.
SPEED OF THE CAR.
Under The conditions the speed Of the
car which ran him down plays no part"
in the problem presented.
The second decision relieves the en-
ploycS of n railroad company, 10 a large
extent, of the duty to be watchfuI, if
The crossing is protected by gates let
down The case was John Cullen, 1aiher
of Paul Cullen, a twelve-year-oid boy,
who was killcd by Baltimore and Potomac
engine a, Sixth street ard Maryland ave
nue., March 6, 1892. The gates were
down and group Of boys lad put a hat
on lie end of one Of them and were throw
ing 10 see who could knock il off first.
The hat was knocked into the middle of
The track, and Paul Cullen ran to recover
il. As hc turned he tripped III a hole and
fell. A passing engine ran over him,
causing his death.
1t was claimed by the prosecution thatthe
engineer was looking the ether way, and
could have aYo ded the accident by proper
care in passing the crossing. He did not
notice that the hoy had been run down till
his fireman called his attention to il. In
spite OF this, however. the result in the
court below was in favor or the railroad,
and the Judgment is affirmed by the de-
ciSion yesterday.
ne OlllDiOu TttteS ltl8l NNGIcNer
have beea the ne gligence OF the company in
failing To iHclOSc lis tracks with a fence,
in leaving dangerous hole on its roadway
OF 10 running it's engine at an unla wful
speed, the error OF cOnirbutory negligence
on the part of The plaintiff wholly precludcs
any recovery unless the boy was in some
way relieved of the legal consequences Of
his own carcieSSneSs. 1t continues:
I'VE are DOW asked 10 he'd that in order
for a. a he lfAn
have knowled Of The plaintiffs expcs,d d
situation, but that it would be sufficient
II, With reasonable diligence on his part. lie
could have had That knowledge. We cannSt
admit the sourd less or this proposition
After citing procedents the court con-
cludes:
wOEL y RELIFNE E THE PLAINTIFF.
"In nearly all cases II. the deferdant had
not been negligent in the first instance
he could have ascertainsd the conjributory
negligence OF The Plaintiff in dine time ard
avoided the consequences. TO hold him
10 liability for that failure would he 10
relieve the plaintiff of the legal conse-
quenccS or contriDutory negligence III all
cases.
flnany. Judge Cole yesteTd " afternoon
took from the jury the suit OF Mrs. Alice
N.McAfee against the Richmond ard Ean-
vile Railroad Company fer $4,000 dam
aet'S-l LOT the Gesllll OF Ber uuSDdEQ sep
tember p, So. lie held that there was 50
plainly contributory negligence on the part
of Mr.. Afee that the law would not allow
a verdict against The company.
Nj. McAfee, who was Pension Bureau
clerk, lived at Vienna. Va Coming 10
Washington the last day OF the Grand
Army encampment in 1892, he left his
wife to 20 into the smoker. Near Long
Bridge he started back. and as he was on
the platform the train gave a lurch, throw
ing him To the ground. He was picked up
and taken back 10 Alexandria.
Mrs. McAfee came on 10 Washington in
ignorance of the accident. ard it was only
In the depot here while locking for her
husband that she learned he was hurt.
Sbc-returned 10 Alexandria and was by his
side at his death.
Judge Coles opinion was that Mr.. McAfec
was at fault in attempting to pass from
one car to another on a fast-;novng train.
He granted the motion CT Attorney w a.
Henderson to take the case from the Jury.
Judge Westil Willoughby, Mrs. McAfee's
attorney. willprobably take an appeal.