Adskim v. Oregon-Washington Railroad & Navigation Co.

Plaintiff assigns as negligence the placing of said pile of gravel and cinders, between said passing and main track, obstructing the footpath, prior to the accident, the maintaining of said pile of gravel and cinders there at the time of the accident, and the failure of defendant to place a light thereon or visible signal of warning, or to warn plaintiff of the presence of the gravel and cinders.

Defendant, by its answer, denied the principal allegations of plaintiff’s complaint and pleaded plaintiff’s assumption of risk as a defense. At the appropriate time the defendant moved for a nonsuit…