Western Union Telegraph Co. v. Baker
Citations
- 140 F. 315
- 72 C.C.A. 87
- 1905 U.S. App. LEXIS 3936
Syllabus
<p>1. Negligence — Action foe — Plaintiff’s Failure to Exercise Preventive Care Fatal.</p> <p>One’s right of recovery for damages on account of another’s negligence is always conditioned by his own exercise of ordinary care to avoid or diminish the damages as soon as he knows that they are impending; and, where the exercise of such care would have prevented them, the failure to exercise it is fatal to a recovery.</p> <p>[Ed. Note. — For cases in point, see vol. 37, Cent. Dig. Negligence, §§ 86-93.]</p> <p>2. Same — Contributory Negligence — Question, Not Which Negligence is More Proximate Cause.</p> <p>In cases involving contributory negligence, the question is not whether the negligence of the plaintiff or that of the defendant is the more proximate cause of the injury, but it is whether or not the negligence of the plaintiff directly contributed to it. One whose negligence directly contributes to his injury cannot recover damages of another whose negligence concurred to cause it, although the carelessness of the latter may be the more proximate cause of it.</p> <p>[Ed. Note. — For cases in point, see vol. 37, Cent. Dig. Negligence, §§ 93, 112, 113, 162-167.]</p> <p>3. Same — Contributory Negligence — When Question for Court or Jury.</p> <p>The question of the existence of contributory negligence is, like any other question of fact, for the jury when conditioned by conflicting testimony or doubtful deductions from the evidence. It is for the court when the evidence so clearly discloses the fact that a finding contrary to its showing could not be sustained, and in all such cases it is the duty of the trial court to instruct the jury to return a verdict in accordance with the evidence.</p> <p>[Ed. Note. — For cases in point, see vol. 37, Cent Dig. Negligence, §§ 286, 291, 296, 299, 333-346.]</p> <p>4. Trial — Withdrawal of Case from Jury.</p> <p>There is always a preliminary question for the judge before a case can be properly submitted to the jury, and it is, not wh
Judges: Adams, Hook, Sanborn
Read full opinion on CourtListenerCited by
7 cases in this archive cite this case.
- Western Union Tel. Co. v. HawkinsAlabama Court of Appeals· 1915-10-26· cited 10×
- Miller v. Canadian Northern Ry. Co.Eighth Circuit· 1922-06-02· cited 10×
- Dustin Grain Co. v. McAllisterEighth Circuit· 1924-02-18· cited 8×
- Chicago, R. I. & P. Ry. Co. v. BaldwinEighth Circuit· 1908-10-31· cited 7×
- Marshall v. HinesEighth Circuit· 1921-01-18· cited 7×
- Atchison, T. & S. F. Ry. Co. v. Merchants' Live Stock Co.Eighth Circuit· 1923-11-12· cited 4×
- Woolfe v. Ohio Oil Co.Sixth Circuit· 1923-02-12
Cites
13 cases in this archive are cited by this case.
- Patton v. Texas & Pacific Railway Co.Supreme Court· 1901-01-07· cited 557×
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court· 1885-05-04· cited 174×
- Southern Pacific Co. v. PoolSupreme Court· 1896-01-06· cited 89×
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri· 1894-11-12· cited 62×
- Gilbert v. Burlington, C. R. & N. Ry. Co.Eighth Circuit· 1904-03-24· cited 61×
- Missouri Pac. Ry. Co v. MoseleyEighth Circuit· 1893-09-18· cited 53×
- Motey v. Pickle Marble & Granite Co.Eighth Circuit· 1896-04-13· cited 43×
- Pyle v. ClarkEighth Circuit· 1897-03-22· cited 37×
- Reynolds v. Great Northern Ry. Co.Eighth Circuit· 1895-08-19· cited 24×
- Chicago & N. W. Ry. Co. v. DavisEighth Circuit· 1892-10-17· cited 22×
- Chicago Great Western Ry. Co. v. RoddyEighth Circuit· 1904-07-18· cited 19×
- Western Union Telegraph Co. v. MatthewsCourt of Appeals of Kentucky· 1902-04-24· cited 6×
- Clark v. ZarnikoEighth Circuit· 1901-02-25· cited 6×
Other cases named Western Union Telegraph Co. v. Baker
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