Railway Co. v. Hicks

That part of the charge set out in the first assignment of error is erroneous in so far as the jury were therein told that the law required the engineer and other operatives on the train to use all means in their power to 'stop the train and prevent an accident “whenever” or “as soon as” the plaintiff, Hicks, appeared on the track, without reference to the distance in advance at which he may have so appeared, and without reference to the presence or absence of danger at the particular time.

The plaintiff himself was an .employe of the railway company, engaged in its business and rightfully on…