Vascacillas v. Southern Pac. Co.
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Nevada; Edward S. Farrington, Judge. ( Action by Antone Lewis Vascacillas against the Southern Pacific* Company, a corporation. There was a judgment for defendant, and plaintiff brings error.
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In Error to the District Court of the United States for the District of Nevada; Edward S. Farrington, Judge. ( Action by Antone Lewis Vascacillas against the Southern Pacific* Company, a corporation. There was a judgment for defendant, and plaintiff brings error. The plaintiff, a teamster, was driving a team, with a wagon loaded with lumber, on a street running north and south in the city of Reno, when he approached a railroad crossing where the defendant had five tracks running east and west. On both sides of the crossing the defendant maintained gates, which were operated by a watchman in a…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] It is the general rule that the fact that safety gates which are maintained by a railroad company at a street crossing are open is an implied invitation to persons traveling the street to enter upon the crossing, and that, while it does not relieve such persons from the duty of taking reasonable precautions to avoid injury by moving trains, it qualifies that duty to the extent that they may reasonably presume that the company’s servants have performed their duty in ascertaining that the crossing is safe. Delaware & H. Co. v. Larnard, 161 Fed. 520, 88 C.…
2Cases cited17 opinions
- Pennsylvania Co. v. StegemeierIndiana Supreme Court · 1889
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
- Blount v. Grand Trunk Ry. Co.Court of Appeals for the Sixth Circuit · 1894
- Baltimore & Ohio Railroad v. StumpfCourt of Appeals of Maryland · 1903
- Kane v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1902
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- F. W. Woolworth Co. v. DavisCourt of Appeals for the Tenth Circuit · 1930
- Worcester Felt Pad Corporation v. Tucson Airport AuthorityCourt of Appeals for the Ninth Circuit · 1956
- Morser v. Southern Pacific Co.Oregon Supreme Court · 1924
- Lang v. ByramCourt of Appeals for the Eighth Circuit · 1929
- Redfield v. New York Cent. R. Co.Court of Appeals for the Eighth Circuit · 1936
4 more not listed; retrieve them via the Exa API.