Blessing v. Camas Prairie Railroad Co.

(dissenting) — I am unable to agree that appellant was in any way negligent.

The only negligence charged either in the complaint or by the evidence is that appellant did not maintain a ditch along the side of its roadbed in order to stop soil from sliding or rocks from rolling upon its track. It must be borne in mind that appellant’s railway line runs through an arid country along the banks of the Snake river. But little moisture comes to this area, though there are occasional heavy rainfalls in the summertime and some snow during the winter months. Above the track are high hills covered with…