Retzer v. Cleveland

DENISON, Circuit Judge.

Action for the death of Retzer, who had been overtaken and killed by a train as he was walking along betweon the rails. At the trial, the court charged that, after the enginemen knew, or should have known, that Retzer was negligently in a place of danger upon the track, they owed to him the duty of exercising thereafter ordinary care to avoid injuring him. He further charged that, if Retzer was negligent in being upon the track, and if that negligence continued up to tho time of tho accident and then contributed to cause the death, tho plaintiff could not recover, no…