St. Louis, Iron Mountain & Southern Railway Co. v. Hitt

This case presents the same questions as to the liability of the appellant which are presented in St. Louis, Iron Mountain & Southern Ry. Co. v. Robert Hitt, post p. 227. This case was tried first in Nevada County, and that case in Clark County, and brought here on separate .records, but have been argued together. They arose from the same occurrence. The facts will be found stated in the Robert Hitt case. In this case the court gave on behalf of the appellee the following instruction:

“5. You are instructed that mere proof that the plaintiff looked and listened as they started to drive upon…