Louisville N. R. Co. v. Rush

The complaint, was in two counts. The first alleged simple negligence on the part of servants, agents, or employees of defendant in the operation or management of its locomotive engine, and the second charged wantonness.

As to the first count it is conceded that the plaintiff was herself guilty of contributory negligence which proximately contributed to her injury, in that she failed to observe the law to “stop, look, and listen” before driving her automobile onto defendant’s track. This precludes a recovery by reason of the initial negligence of defendant. Central of Georgia Railway v.…