Hager v. Southern Pacific Co.

Citations

• 98 Cal. 309
• 33 P. 119
• 1893 Cal. LEXIS 914

Syllabus

<p>Negligence—Contributory Negligence—Wilful Injury.—Where the conduct both of a party injured and of the party alleged to have caused the injury clearly indicates an absence of the exercise of the most ordinary care, the latter will not be held liable, unless the acts which resulted in the injury were wilfully and deliberately done.</p> <p>Id.—Railroads—Negligence of Engineer—Alarm at Crossing—Collision with Wagon—Negligence of Driver.—The failure of the engineer of a railroad train to ring a bell or blow a whistle at a street crossing, as required by section 486 of the Civil Code, does not abrogate the doctrine of contributory negligence, and where the driver of a wagon recklessly drives across the railroad track at the time when the train is known to be due, without checking speed, or listening for an approaching train, or adopting any precaution to prevent a collision, the railroad company is not responsible for an injury resulting from a collision, notwithstanding the neglect of the engineer to comply with the statute.</p> <p>Id.—Subsequent Employment of Automatic Bell—Evidence An offer of evidence that subsequent to the accident the railroad company placed an automatic bell at the crossing where the collison occurred is properly rejected.</p>