Deville v. Southern Pacific Railroad
Synopsis
Damages eob Intuby by Bajlboad.—The act of leaving a span of horses unhitched in close proximity to a railroad, at a time when the train usually comes along, is negligence, and if the owner afterwards, when the train arrives, and when the horses have moved to the track, attempts to rescue them, and is injured, he is guilty of additional negligence, which proximately contributes to his injury, and he cannot recover damages.
By the Court: The act of the plaintiff in leaving his team unhitched, in close proximity to the track of the railroad, at a time when the train usually came, was negligence on his part in the first instance. When he subsequently, upon the arrival of the train, and" when the team was upon the track, attempted their rescue, he was guilty of additional negligence, which proximately contributed to the misfortune which he suffered.
We think the motion for the nonsuit should have been granted.
Judgment and order denying a new trial reversed, and cause remanded.
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