White v. Southern Pacific Co.

Citations

• 122 Cal. 305
• 54 P. 956
• 1898 Cal. LEXIS 577

Syllabus

<p>Negligence—Train Backed Upon Crossing—Contributory Negligence —Question for Juey.—One who, after having looked and listened both ways for an approaching train, without indication thereof, and shortly after having seen a person drive toward him across the track without indication of danger, drove across it at a walk, and was injured hy a train negligently backed upon him, which he could not see approaching by reason of stationary cars and other obstructions, cannot be said, as matter of law, to he guilty of contributory negligence, regardless of whether he did or did not hear the ringing of the hell; but the question as to his contributory negligence is for the jury.</p>