Rumpel v. Oregon Short Line Railway Co.

Citations

• 4 Idaho 13
• 35 P. 700
• 22 L.R.A. 725
• 1894 Ida. LEXIS 10

Syllabus

<p>Practice — Exceptions—Sections 4426-4430 Construed. — Exceptions taken during the trial to the rulings of tlie trial court may be settled and saved in accordance with the provisions of section 4426 of the Revised Statutes of Idaho, or they may be settled after the trial in accordance with section 4430, or in statement on motion for new trial, and when so settled and saved will be reviewed by supreme court on appeal.</p> <p>Contributory Negligence. — Where the plaintiff, in passing along a street which was blocked, by a railroad train, with an engine thereto attached, belonging to and then being operated by the defendant, passed under one of the cars of said train five times within an hour and a half, and was caught, and his leg crushed by the moving of the train in an attempt to pass under the sixth time, he is guilty of such contributory negligence as bars a recovery, and this even though the servants of the company failed to ring the bell or sound the whistle before starting.</p> <p>Persons Crossing Railroad Tracks must Use Care and Prudence. — Every person in the possession of his senses is bound to use ordinary care and prudence to protect his own person in crossing railroad tracks, and he is not relieved of such necessity, although the company is guilty of negligence, or a violation of the statute, in failing to ring the bell or sound the whistle before: starting.</p> <p>Evidence — Cars Blockading Streets. — Evidence of a railroad company blockading streets at any other time than that at which the accident is alleged to have occurred, or of custom of people-to crawl under cars so blockading streets at other times than that, at which the accident occurred, not proper, and should be excluded from the jury.</p> <p>(Syllabus by the court.)</p>