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Keywords

lawsuitdefendantdamagesnegligenceliabilitytrialcontributory negligenceduty of care

plaintiffdefendantnegligencetrialcontributory negligence

Related Cases

St. Louis, S.F. & T.R. Co.; U.S. v.

Facts

Mamie Wilson, as the widow of C. G. Wilson, filed a lawsuit against the St. Louis-San Francisco Railway Company and its employees for damages due to the wrongful death of her husband, who was killed at a highway crossing by a train. The incident occurred on September 22, 1926, when the deceased, driving a truck loaded with electric light poles, approached the crossing where visibility was obstructed by an embankment and vegetation. The defendants denied liability, claiming the deceased was negligent, and the jury ultimately ruled in favor of the defendants.

The deceased was killed at a highway crossing September 22, 1926, about three miles southwest of Chandler, Okla., by the defendant railway company's east bound passenger train No. 10. The deceased, at the time of his death, was driving a large motor truck, loaded with electric light poles, south along the public highway, where the same crosses defendant's railway track.

Issue

Did the trial court err in its instructions regarding contributory negligence, thereby invading the province of the jury?

Rule

A railroad track serves as a warning of danger, and individuals attempting to cross must exercise a degree of care commensurate with the known danger, particularly when visibility is obstructed.

A railroad track is of itself a warning of danger and one who attempts to cross it must exercise that degree of care which an ordinarily prudent person would exercise under like circumstances.

Analysis

The court examined the instructions given to the jury, particularly focusing on whether they improperly defined the deceased's duty of care. The court concluded that the instructions appropriately conveyed that the deceased was required to exercise the care of an ordinarily prudent person under the circumstances, and that the jury was not misled or confused by the instructions provided.

Upon a consideration of the whole record, we are unable to see how plaintiff was prejudiced in this particular, or that she is in a position to complain.

Conclusion

The court affirmed the judgment of the trial court, concluding that the instructions given did not constitute reversible error.

We conclude that none of the instructions offend section 6, article 23, of the Constitution of Oklahoma, and that the court did not commit error in giving them.

Who won?

The defendants prevailed in the case because the court found that the trial court's instructions on contributory negligence were appropriate and did not mislead the jury.

The court affirmed the judgment that the trial court had rendered for defendants.

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