Hopkins v. Utah Northern Railway Co.

Citations

• 2 Idaho 300
• 13 P. 343
• 1887 Ida. LEXIS 14

Syllabus

<p>Contributory Negligence. — Where suit is brought against a railway company to recover damages for injured property, by reason of the negligence of the agent or servants of the company, and defendant relies on such contributory negligence of the plaintiff or his servants as to prevent a recovery, this is a defense to be established by the defendant.</p> <p>Rule oe Evidence. — It is a general rule that the defendant should not open the defense by cross-examination of plaintiff’s witnesses, but the application of this rule must rest largely in the sound discretion of the trial court.</p> <p>Incomplete Record — Presumptions.—Where a refusal to give instruct tions requested by a party is assigned as error, this court will look into the entire charge to determine whether such refusal was prejudicial, and where the record shows that a charge was given which is not brought here for consideration, it will be presumed that the trial court gave all the instructions necessary to assist the jury in arriving at a just and proper verdict.</p> <p>(Syllabus by the court.)</p>