Wood v. Southern Pacific Co.

Gunderson, J., with whom Zenoff, C. J., agrees,

dissenting:

In L. A. & S. L. R. Co. v. Umbaugh, 61 Nev. 214, 123 P.2d 224 (1941), this court in substance held a jury was properly instructed that a railroad could kill an 11-year-old girl with impunity, if she failed to keep a lookout as the car in which she was riding approached a railroad crossing. However, we long ago repudiated that view of a passenger’s duties. In Duffy v. Flynn, 72 Nev. 278, 302 P.2d 967 (1956), we held evidence that a passenger was sleeping did not constitute sufficient evidence of contributory negligence to support a…