Flemming v. W. Pac. R.R.

Citations

• 49 Cal. 253

Syllabus

<p>When Question of Negligence a Matter of Law.—In an action to recover damages alleged to have been caused by the negligence of the defendant, when the facts are established by uncontradicted evidence, the question of negligence is a matter of law to be passed on by the Court.</p> <p>Contributory Negligence.—A person who is guilty of contributory negligence cannot recover damages, even if the defendant contributed to the loss by his negligence.</p> <p>Case of Contributory Negligence.—If a person is driving a four-horse team along a road running parallel with, and near to a railroad, and is approaching a crossing, and the air is so filled with dust that he cannot see the railroad, and his wagon makes some noise, and he attempts to cross the railroad without stopping his team to listen for an approaching train, and his horses are killed by the engine, he is guilty of contributory negligence, and cannot recover damages.</p>