Erie Railroad v. Tompkins · ¶27

The case presented by the evidence is a simple one. Plaintiff was severely injured in Pennsylvania. While walking on defendant’s right of way along a much-used path at the end of the cross ties of its main track, he came into collision with an open door swinging from the side of a car in a train going in the opposite direction. Having been warned by whistle and headlight, he saw the locomotive approaching and had time and space enough to step aside and so avoid danger. To justify his failure to get out of the way, he says that upon many other occasions he had safely walked there while trains'passed.

U. S. Reports, bound volume
U. S. Reports, volume 304, at 64 (Library of Congress) · transcription: Caselaw Access Project
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