McDoel v. Heuermann

It is urged in behalf of appellant that a flagman employed at a railroad crossing, whose duty it is to warn the public of the approach of trains, cannot recover for injuries occasioned by being struck by a train it was his duty to see and guard against; that he is bound to look out for himself as well as others, and that the Circuit Court erred in refusing to instruct the jury as requested at the close of appellee’s evidence and again at the close of all the evidence to return a verdict for defendant.

There is no apparent controversy as to the facts. It appears that the deceased had for a…