Tsiampras v. Union Pacific Railroad

Plaintiff’s intestate, going for a pail of water for the section-men with whom he was working, in the country, was struck from the rear by defendant’s engine and killed. Action for negligence under the federal liability act. The trial court instructed a verdict for defendant. Plaintiff appeals.

The mere fact that an accident occurs raises no presumption of negligence on the part of either .of the parties to it. In probably a majority of the occupations in which men engage, whether in town or country, there is necessarily more or less risk of accident. We can imagine an attempt at absolute…