Unformatted text preview: His expert calculated that the train should have been able to stop in time given these estimates for running speed. b. Issue i. Was the plaintiff’s reckless behavior of such a nature as to constitute the sole legal cause of his injuries, invalidating the duty of care of a train operator? c. Holding i. No. d. Reasoning i. The court found the estimate of running speed to be valid. In comparable situations, witnesses’ estimations of speed have been used regarding motor vehicles. ii. The train operator should be found negligent if he or she sees a person on the tracks from “such a distance and under such other circumstances as to permit him to stop before striking the person.” There is a reasonable view of evidence that the train operator failed to see the teens from a distance from which he should have....
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- Fall '07
- Walking, Soto, train operator, City Transit Authority