Page:Federal Reporter, 1st Series, Volume 8.djvu/744

73G FEDBEAL BBPOETEE. �croBsing. He had as much right there as the defendant nad. The Crossing was a priva te road, which existed before the railroad was eonstruoted, for the use of the farm which the railroad divided, and for the use of tenants and the'factory. The land ai the defendant was servient to the easement which this road constituted. The rights and obligations of the deceased and the defendant, the one towards the other, were the same as though its crossing were a public high- way, except the defendant was not required to make the statutory highway signais. �The jury were instructed that, although there was no statutory obligation on the part of the defendant to ring a bell upon approach- ing this crossing, they might find it was negligence to omit this when running at a high rate of speed, at a time when the view of the train was 80 far obstrncted bythe cars which had been permitted to reraain upon the side-track as to render tHe use of the crossiiig peculiarly hazardous. The jury were also instructed that the defendants ordi- narily had the right to maintain such a rate of speed as it might think proper, but that the condition of the crossing, for which the defendant was responsible, might impose some restrictions upon this right, and, under the circumstancea, the jury might predicate negli- gence upon excessive speed. tJpon all the facts it was left to the jury to determine whether the defendant failed to observe that meas- ure of care which would be incumbent upon a prudent and intelligent individual under like circumstances. These instructions were as favorable as the defendant had any right to insist. �Railroad corporations may ordinarily maintain such rate of speed with their trains as they see fit. They may eyen permit their offioers to enjoy the luxiiry of special trains, and dash over their roads with a single car almost noiselessly and at lightning speed. They may use their side-tracks near the intersection of highways or private roada for the storing of empty cars. While these things may not be agree- able to the general public, they are, nevertheless, within the privileges with which railroad corporations have been inVested ; and the public have no right to complain, because they are legitimately within these privileges. But when theae privileges corne in collision with the rights of those who use the highways or private roads to cross the railroad, they must give way; because, as to these persons, the rail- road corporation is under the obligation of esercising reasonable care to prevent injury. ' �What is reasonable care, or, conversely, what omission of precaution ��� �