Benson v. Central Pacific Railroad

The Court.

This action is brought by the plaintiff, an infant, to recover damages for personal injuries alleged to have been sustained by her while walking upon the roadway of defendant, by being run into by a locomotive operated by defendant.

The case was tried by a jury, which returned a verdict for defendant, and the appeal is from the judgment and from an order refusing a new trial.

Plaintiff’s evidence tended to prove the following facts:—

Plaintiff, a child of but six years of age, with her father and the other members of her family, took passage on a train of defendant for Watt’s Station,…