McDougall v. Atchison, Topeka & Santa Fe Railway Co.

I agree that the plaintiff cannot recover because McDougall assumed the risk, but I am also of the opinion that no negligence was shown against the defendant. The weight of reason, as well as of authority, supports the rule that the manner in which a railroad company constructs and maintains its permanent structures, is a matter of engineering, and not a question to submit to the jury. The question of negligence was before the supreme court of the United States in Tuttle v. Milwaukee Railway, 122 U. S. 189. The negligence charged was in the construction of the tracks with a sharp curve which…