Glascock v. Central Pacific Railroad

Paterson, J. — Plaintiff is the widow of George Glascock, who was killed by defendant’s cars at a railroad crossing near Black’s Station on the morning of November 1, 1884. The cause came on for trial before a jury, and after the plaintiff had rested her case, a motion for a nonsuit was made and granted.

Counsel for appellant, in the following epitome, give a very fair statement of the facts: —

“ Black’s Station is a village about ten miles northwest from Woodland, in Yolo County. A public road about sixty feet wide leads from Black’s in a southerly direction for about a quarter of a mile; thence easterly about one mile, crossing defendant’s railroad track about a quarter of a mile east from the point where the road turns east. After leading east for about a mile, as above stated, the road turns south, and goes due south and past the residence of deceased. The crossing where the collision occurred was on this road about fifteen hundred feet north of the house. A person passing down the highway in question to the crossing would have a clear view of the railroad track to his right nearly all the time. There are no obstructions that would prevent him seeing the track or an approaching train. There are two whis[139]tling-posts north of the crossing on the railroad track; one 1,370 feet distant, and beyond a crossing on another road; the other 588 feet distant.

“A wind was blowing at the time from the north.

“ The train that collided with the wagon of deceased that day was a special freight train from the north going south, no notice of its coming having been received by the company’s agent at Black’s. It passed the station about ten o’clock a. m. Just before the collision it was running at the rate of probably ten miles an hour.

“ The regular freight train going north on that day was due at Black’s about 11:30 o’clock a. m., and the regular passenger train going north that day was due at Black’s at 1:03 p. m.

“ In fact, a train did pass the crossing going north about one half hour after the collision.

“ It is fair to conclude that the collision actually occurred between ten and eleven a. m. that day.

“ Deceased was a thrifty, prudent, cautious, strictly temperate, and unusually active man; a man of strong individuality, self-reliant, and had lived on a farm owned by him, through which defendant’s railroad track passed, since 1853, and was familiar with the crossing where the collision occurred. He was a good horseman also. He had been especially cautious in approaching and passing over this crossing.