Foster v. West

The plaintiff recovered a judgment for $3000 for the death of her husband who, while a trespasser on defendant’s railroad track, was run down and killed by defendant’s train. The receivers of the “Frisco Railroad” then operating such road are the defendants, but for convenience we will speak of the railroad company as defendant. The plaintiff concedes that the deceased was negligent, both in using defendant’s track as a footphth for travel and in not giving proper attention to trains approaching from his rear. The cause of action is based solely on the humanitarian doctrine in that…