Wheeler v. Oregon Railroad & Navigation Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, in and for Shoshone County. Hon. W. W. Woods, Judge. An action to recover damages for the killing of plaintiff’s minor child. Judgment for plaintiff. Defendant appeals. The duty of a traveler in approaching and attempting to cross a railroad crossing is to stop, look and listen.
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APPEAL from the District Court of the First Judicial District, in and for Shoshone County. Hon. W. W. Woods, Judge. An action to recover damages for the killing of plaintiff’s minor child. Judgment for plaintiff. Defendant appeals. The duty of a traveler in approaching and attempting to cross a railroad crossing is to stop, look and listen. And if his duty is omitted the traveler is guilty of negligence per se, and the court is bound to instruct the jury as a matter of law that a verdict be returned in favor of the defendant company. (Elliott on Railroads, 2d ed., secs. 1164-1166;…
1Opinion
ON PETITION FOR REHEARING.
AILSHIE, J.
A petition for rehearing has been filed in this ease, and we are ashed to again consider the provisions of sec. 2821 of the Eev. Codes. It is contended by the petitioner that the construction we have placed on the provisions of that section is too harsh and not warranted by the language of the statute itself, and that it is also contrary to the decision of the courts construing similar statutes. We have held, and are of that opinion still, that a failure to ring a bell or blow a whistle at a crossing as required by the statute is in itself negligence. This…
2Cases cited7 opinions
- Davis v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1907
- Smith v. Mine & Smelter Supply Co.Utah Supreme Court · 1907
- Louisville & Nashville Railroad v. Christian Moerlein Brewing Co.Supreme Court of Alabama · 1907
- Rogers v. Rio Grande Western Ry. Co.Utah Supreme Court · 1907
- New York Transp. Co. v. O'DonnellCourt of Appeals for the Second Circuit · 1908
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