Ruane v. Lake Shore & Michigan Southern Railway Co.

Appellant was employed to keep watch for the approach of all trains, to signal them to stop if necessary, and thus to guard the public and the trains of appellee. In this position he owed a duty to the public as well as to appellee. There is nothing tending to show that it was necessary for him to stand upon the track, or so near it, that he would be struck by a passing train.

Whether trains were on time, or whether they complied with statutory regulations as to ringing bells, etc., made no difference as to his duties, which were to be watchful and to give necessary warning at all times.…