74 So. 627 | La. | 1917
As plaintiff was on his way to the post office, in the town of Bunkie, to mail a letter, he crossed the track of the Marksville branch of the Texas & Pacific Railroad, and then, 30 feet further, the track of the main line of the railroad. He then had before him, 10 feet further, the track of
We can discover none. He was standing out of the line of danger while the locomotive was approaching, and was seen by the engineer and fireman. When he stepped back into the line of danger, the time had passed when the locomotive could have been stopped before striking him. It is supposed that what caused him thus to step back was the letting out of steam by the locomotive of the backing freight train just after having passed him. The whistle of the locomotive that struck him had been blown shortly before and the bell was duly ringing.
The judgment appealed from is set aside, and the suit is dismissed at plaintiff’s cost.