Pepper v. Southern Pacific Co.

Citations

• 105 Cal. 389
• 38 P. 974
• 1895 Cal. LEXIS 670

Syllabus

<p>Railroad Companies—Negligence—Approach of Crossing Without Warning — Contributory Negligence — Rapid Driving Across Track—Action for Death.—Notwithstanding the negligence of a railroad company in not giving any warning of the approach of the train at a crossing, at the rate of thirty or thirty-five miles per hour, yet, where the negligence of a person killed in driving rapidly across the track contributed proximately to the act resulting in his death, there can be no recovery in an action for the death.</p> <p>Id.—Obstruction of View—Want of Ordinary Care.—The fact that the view of the driver while approaching the crossing was obstructed after crossing an avenue from which the approach of a train could be seen made it negligence on his part to drive at a rate of speed which not only interfered with his hearing an approaching train, but made it difficult or impossible to stop; and ordinary care for his own safety required him to stop in order that his hearing should not also be obstructed, and in any event to make his approach so slowly as to give him complete control of his team and enable him to stop instantly if occasion required.</p> <p>Id.—Speed and Lateness of Train.—Neither the fact that the train was running at an unusual rate of speed, nor the fact that it was eight minutes late, can affect the question of the contributory negligence of the deceased, or excuse his rapid driving across the track without proper precautions against danger.</p> <p>Id.—Blowing of Whistle—Frightening of Horses.—The blowing of the whistle by the engineer, when he saw the wagon approaching the track behind some trees at a rapid gait, was not negligence; but, under such circumstances, it was the duty of the engineer to attract the driver’s attention by blowing the whistle, and the fact that the blowing of the whistle may have frightened the horses, and caused them to run more rapidly across the track, does not render the blowing of the whistle an act of negligence.</p> <p>Id.—Dama