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Torts Keyed to Duncan
Pokora v. Wabash Railway Co.
Citation:
292 U.S. 98 (1934)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Pokora (Plaintiff) was crossing over four sets of train tracks owned by Wabash Railway Co. (Defendant). The train tracks were greatly obscured by boxcars, and the plaintiff relied on hearing whether a train was coming before choosing to cross. The plaintiff was hit by a train and sued the defendant for his injuries. The defendant argued it should not be held liable because the plaintiff had acted negligently, relying on the U.S. Supreme Court decision in Baltimore & Ohio Railroad Co. v. Goodman.
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