Meeks v. S. Pac. R. R. Co.
California Supreme Court
Appeal from the District Court, Eighteenth Judicial District, County of San Bernardino. Defendant appeals. The plaintiff, a boy six years old a,t the time he was injured, sues to recover damages for personal injuries sustained, as alleged, by reason of the negligence of the defendant. He was residing with his parents, whose residence was situated seventeen rods from the place where he received the injuries in question.
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Appeal from the District Court, Eighteenth Judicial District, County of San Bernardino. Defendant appeals. The plaintiff, a boy six years old a,t the time he was injured, sues to recover damages for personal injuries sustained, as alleged, by reason of the negligence of the defendant. He was residing with his parents, whose residence was situated seventeen rods from the place where he received the injuries in question. At the time of the accident he was lying ten feet from the crossing, on the ground between the rails of the defendant’s road, his body being parallel with the rails. Everything…
1Opinion of the Court
1. The plaintiff was guilty of such contributory negligence as defeats the action. (Sims v. M. & N R. R. Co. 29 Ga. 95.)
2. To the point that the failure to ring the bell did not entitle plaintiff to a recovery: The statute requiring a bell- to be rung on approaching a highway crossing, is for the benefit of j>ersons traveling along the highway—for the benefit of persons making a lawful use of the highway, and not for the benefit of those who unlawfully convert it into a bed to sleep upon. ( O'Donnell v. P. & W. R. R. Co. 6 R. I. 211; Holmes v. The Central &c. Co. 87 Ga. 596.)
The plaintiff was…
2Cases cited5 opinions
- Needham v. San Francisco & San José R.R.California Supreme Court · 1869
- Kline v. Cent. Pac. R.R.California Supreme Court · 1869
- Flemming v. W. Pac. R.R.California Supreme Court · 1874
- Flynn v. San Francisco & San Jose RailroadCalifornia Supreme Court · 1870
- Mayor of Milledgeville v. BrownSupreme Court of Georgia · 1891
3Cited by21 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Crawford v. Southern Railway Co.Supreme Court of Georgia · 1899
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Meeks v. Southern Pacific RailroadCalifornia Supreme Court · 1880
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