de Padilla v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 16 N.M. 576

Syllabus

<p>SYLLABUS.</p> <p>1. Failure to exercise due care in approaching a railroad crossing amounts to contributory negligence.</p> <p>2. The burden of showing contributory negligence is on the defendant.</p> <p>3. There is presumption, in the absence of evidence to the contrary, that person killed, in crossing a railroad stopped, looked' and listened.</p> <p>4. Examination of the evidence fails to disclose that deceased was guilty of contributory negligence.</p> <p>5. Examination of instructions discloses that court in its instructions given both as to the burden of proving contributory negligence and as to the presumption that due care and caution was exercised by deceased in approaching railroad crossing, fully and fairly expressed law applicable.</p> <p>6. Examination of record discloses that evidence complained of was not admitted for purpose of showing consciousness on part of defendant company of antecedent negligence.</p>