Trousclair v. Pacific Coast Steamship Co.

Citations

• 80 Cal. 521
• 22 P. 258
• 1889 Cal. LEXIS 950

Syllabus

<p>CONTRIBUTORY NEGLIGENCE—PLACE OF DANGER—WANT OF ATTENTION. —If a person, for purposes of his own, voluntarily places himself in a position of danger, and, while in such position, gives no heed to the danger, —pays no attention to it, —but allows his ‘attention to be absorbed by what he happens to be doing, he is guilty of negligence, and cannot recover for an injury received in consequence of his being in such position, although the defendant also was guilty of negligence.</p> <p>Id.—The above rule applies to one who stands beside a wharf thirteen inches from the outer rail of a railway upon the wharf (which rail he has just crossed, and which is in his plain view), and who neither looks nor listens for the approach of trains, and in consequence is injured by the running of a train in the ordinary way.</p>