Ryall v. Central Pacific Railroad

Citations

• 76 Cal. 474
• 18 P. 430
• 1888 Cal. LEXIS 913

Syllabus

<p>Contributory Negligence—Negligence of Railroad Company—Violation of Municipal Ordinance. —When the plaintiff’s own negligence is the proximate cause of damage to his person, by reason of his placing himself between two railroad tracks, at a place where he ought not to have been in the proper performance of his duty as an employee of the railroad company, and with his back toward an approaching train, which strikes him, he cannot recover on account of the negligence of the company in displaying no light upon the train, or in not complying with the precautions required by a municipal ordinance. •</p> <p>Instructions. —When there is no error in instructions which are excepted to, a possible mistake as to those not excepted to cannot be considered.</p>