Chiribel v. Southern Pacific Co.

OPINION

By the Court,

Badt, C. J.:

The main question presented on this appeal is whether the trial court was justified upon the undisputed facts *313in directing a verdict in favor of the defendant, respondent herein, on the ground that the plaintiff’s actions constituted contributory negligence as a matter of law.

More precisely, the question might be thus expressed. Is a person who is injured while attempting to cross over the couplers between two railroad cars, in the middle of a busy switchyard, after dark, guilty of contributory negligence as a matter of law — the injury occurring when a switch…