Question

At approximately 7:50 PM bells at the train station rang and red lights flashed, signaling an...

At approximately 7:50 PM bells at the train station rang and red lights flashed, signaling an express train's approach. David Harris walked onto the tracks, ignoring a yellow line painted on the platform instructing people to stand back. Two men shouted to Harris, warning him to get off the tracks. The train's engineer saw him too late to stop the train, which was traveling at approximately 55 mph. The train struck and killed Harris as it passed through the station. Harris's widow sued the railroad, arguing that the railroad's negligence caused her husband's death.

1. Who is responsible for Harris' death?

2. Is there any valid law that will help and support the wife's argument?

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Answer #1

1. Harris is himself responsible for his death. There were sufficient warning to warn him of danger and to take precautionary measures. Bells were rung to inform the arrival of train. There was a yellow line signifying not to pass . Also, two persons on the platform tried to warn him of the coming train. However, Harris ignored all of them. And resulted in his death.

2. There is a law which may help and support the wife's argument. It is regarding employee safety. The railways must ensure safety of its employees and customers. This, the.must have been a provision that Harris could not have been able to go on the tracks in the first place. This would have averted the accident completely.

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  • At approximately 7:50pm , bells at a train station rang and red lights flashed,signaling an express...

    At approximately 7:50pm , bells at a train station rang and red lights flashed,signaling an express train's approach. David Harris walked unto the tracks ignoring a yellow line painted on the platform instructing people to stand back. Two men shouted to Harris, warning him to get off the tracks. The train engineer saw him too late to stop the train, which was traveling at about 55 mph. The train struck and killed Harris. Harris's widow sued the railroad arguing that...

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