Deville v. Southern Pacific Railroad
Cases that cite this one
11 later published cases cite this decision.
- Candelaria v. Atchison, Topeka & Santa Fe Railroad (N.M. 1891)
- Fernandes v. Sacramento City Ry. (Cal. 1877)
- Henshaw v. Belyea (Cal. 1934)
- In re Estate of Prager (Cal. 1913)
- Campbell v. Chicago Great Western Railway Co. (Minn. 1909)
- Van Praag v. Gale (Cal. 1895)
- Higgins v. Wilmington City Railway Co. (Superior Court of Delaware 1895)
- Moore v. Kansas City & Independence Rapid Transit Railway Co. (Mo. 1895)
- Louisville & Nashville Railroad v. Eves (Ind. Ct. App. 1891)
- Redmond v. Rome, Watertown & Ogdensburg Railroad (New York Supreme Court 1890)
- Chicago & Northwestern Railway Co. v. Clark (Ill. App. Ct. 1878)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.