Collett v. Northern Pacific Railway Co.

The opinion of the court was delivered by

Dunbar, C. J.

This was an action brought by the plaintiff (appellant) for the recovery of ’damages for an injury alleged to. have been sustained by falling into an excavation made by the defendant (respondent) along its line of railway at the intersection of a public highway. On the trial before a. jury, plaintiff offered to prove that defendant did not maintain a light at the excavation. Upon objection by the respondent’s attorney, the court, refused to- admit such evidence. Plaintiff then offered to amend by alleging absence of a light, but the court…