United States Supreme Court Cases & Opinions

U.S. Supreme Court

Continental Improvement Company v. Stead, 95 U.S. 161 (1877)

Continental Improvement Company v. Stead

95 U.S. 161

Syllabus

1. Travelers upon a common highway which crosses a railroad upon the same level, and the railroad company running a train, have mutual and reciprocal duties and obligations, and, although the train has the right of way, the same degree of care and diligence in avoiding a collision is required from each of them.

2. That right does not, therefore, impose upon such a traveler the whole duty of avoiding a collision, but is accompanied with and conditioned upon the duty of the train to give due and timely warning of its approach.

3. The degree of diligence to be used on either side is such as a prudent man would exercise under the circumstances of the case in endeavoring fairly to perform his duty.

4. It belongs to the judge to exercise discretion as to the style and form in which he expounds the law and comments upon the facts. His duty is discharged if his instructions to the jury correctly state, although not in the ipsissima verba of counsel, the whole law applicable to the case.

Page 95 U. S. 162

The facts are stated in the opinion of the Court.