Santa Fe, Prescott & Phœnix Railway Co. v. Ford

Citations

• 10 Ariz. 201
• 85 P. 1072
• 1906 Ariz. LEXIS 121

Syllabus

<p>1. Trial — Involuntary Nonsuit. — Under the Arizona statutes the trial court has no authority to direct an involuntary nonsuit.</p> <p>2. Railroads — Consignees or Freight — Unloading at Invitation or Conductor — Duty or Railroad. — Where plaintiff and his brother were consignees of ice, which was transported in the caboose of defendant’s freight train, and upon meeting tho train at the station to receive the ice, wore told by the conductor that they would have to unload it themselves as he was short of help, a.nd boarded the train and were unloading the ice when the plaintiff was thrown from the car and injured by the making of a coupling, the plaintiff was not a mere licensee on the car, but an invitee and was entitled to protection against the negligence of defendant’s employees.</p> <p>3. Same — Conductor — Authority—Real—Apparent—Scope.— Where defendant’s conductor having charge of a freight-train invited plaintiff on the ear to remove plaintiff’s consignment of freight, he was acting within the scope of his apparent authority and the question as to what was his real authority in the premises was immaterial, in the absence of knowledge or notice to plaintiff of a limitation upon such authority.</p> <p>4. Same — Contributory Negligence — Instructions to Jury. — An instruction (in an action for injuries to a consignee of freight while removing same, by the negligence of a railroad company’s employees) on contributory negligence, stating that such contributory negligence of the party injured will not defeat the action if it be shown that the defendant might, with the exercise of reasonable care and prudence, have avoided the consequence of the injured person’s negligence, was not misleading although it failed to state that such rule applied only on condition that the evidence showed that the defendant actually knew that plaintiff was guilty of negligence or had by his own act placed himself in a position of danger.</p> <p>5. Same — Same—Same.—An instruction (in