by John Marshall Harlan, Delaware Company v. Converse — Opinion of the Court
“ The right of a railroad company to the use of its tracks for the movement of engines and cars is no greater in the eye of the law than the right of an individual to travel over a high way extending across such tracks. ”
by John Marshall Harlan, Delaware Company v. Converse — Opinion of the Court
“ The jury were told that while it was the duty of the railroad company to exercise great care to warn travelers on a public highway of approaching trains, it was an equally imperative duty in travelers to exercise the same degree of care to avoid and keep off the railroad tracks when trains are approaching the crossing; that, if the plaintiff advanced to and upon the tracks of the railroad without the exercise of such care to discover the approach of trains, or attempted intentionally to pass in front of a train within dangerous proximity, he was guilty of negligence ”
by John Marshall Harlan, Delaware Company v. Converse — Opinion of the Court
“ While those using a public highway are under a duty to keep out of the way of railroad cars crossing it, and to exercise to that end such care as the circumstances make necessary, the railroad company, in moving cars upon its road, is bound to observe like care to wards those who, while traveling upon such highways, whether on foot or in vehicles, are obliged to pass over its tracks. ”
