The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-03-28
Law OF
NEGLECT
LAIDDOWN
Supreme Court, in Chambers
VS.. 500 Line Action Up
holds Plaintiffs Verdict.
DECISION OF WIDE IMPORT
Passenger in Auto Held
Blameless for Drivers
Recklessness.

The law Of contributory negligence
on the part Of a passenger in an auto
mobile, the handling of which is not
participated in by such passenger, as
laid down by the supreme court OF
North Dakota in it's decision late yes
terday, affirming the district court
finding in favor OF Geneva U. Cham
bers, of Churchs Ferry, N. D., against
the 500 railroad, exempts such pas
senger from blame for variety OF
causes entering into an accident such
as proved fatal to the plaintiffs hus-
band, George Chambers. former pub
Usher Of The Churchs Ferry Sun.
This case arose in Ramsey county
as a result of the death Of Chambers
in an automobile accident, the car
driven at night, without proper head
lights, plunging from an abandoned
highway across which the 500 railroad
had constructed a deep cut.
Federal Courts Reject Idea.
A proceeding launched by a sur
vivor of the accident, Rbillard, made
a cripple for life, was thrown out In
the federal court some time ago, the
same set of facts governing that case
as governed in the Chambers proceed
ings.
The court syllabus setting forth new
rules of contributory negligence as
they relate to passengers in automo-
biles follows:
From Ramsey County.
Geneva U. Chambers, plaintiff and
respondent, VS.. The Minneapolis, st.
Paul & Sault Ste. Marie Ry. Co., a
corporation, defendant and appellant.
Syllabus.
"a. The negligence Of driver Of
an automobile is not imputable to a
guest who is not shown to have CO.
operated in running the car.
ca. Where, during a trip taken at
night, the lights Of an automobile fail
and the owner and driver avails him
self of the earliest opportunity to i'm
provise or repair an oil lamp attached
to the dash, after which the journey is
continued, the driver being an expert
enced driver and being accompanied
and assisted by one who Is familiar
with the roads. and where the roads
are muddy and the automobile is
driven slowly; held, that guest con-
tinuing the journey as a passenger In
the rear seat of a car is not. as a mat
ter of law, guilty Of contributory neg
ligence.
(3). The questions of contributory
negligence and proximate cause are
questions OF fact for the jury and the
verdict of a jury determining such
facts adversely to the defendant will
not be set aside, unless the evidence is
such that, in the mind Of the court
reasonable men would necessarily
arrive at a different conclusion and
there is no reasonable basis Tor them
to differ in this conclusion.
az, The defendant railroad COM
pany, in constructing its railroad, in
tersected trail or roadway which
had long been used by the public
constructed therein q deep cut and
failed to guard the same; held. the
question Of negligence is one OF fact
for the jury.
(5). Where it is shown that rail-
road company had intersected a road
way used by the public and construct
ed therein a cut without providing
warning signals Of any sort, its acts
in so doing may amount to negligence
even though the roadway Is not a
legally established highway or street.
co. Noncompliance with a stat
utory requirement that automobiles
should be supplied with two lights at
the front Of the car does not, as q
matter of law, amount to contributory
negligence on the part Of a guest rid
ing in the car.
j.
driver of an automobile to renew his
license from the state does not pre-
clude a recovery of damages for neg
ligence of the defendant which caused
the death of an occupant.
(S). In the absence of evidence go
ing to establish the probable duration
of life or expectancy Of one whose
death resulted from the negligent act
of another, the court may take judi
cial notice of any standard mortality
tables and instruct the jury as to the
facts stated therein. While the stat
ute makes the Carlisle Mortality tables
as evidence of such fact 1t
does not preclude the court from TAX
ing judicial notice Of such tables as
are generally used to establish life
expectancy.
Appeal from Ramsey county. Chas.
M. Cooley, special judge.
Affirmed. .....
Opinion Of the court by Birdzell, J.
Robinson, J., dissenting.
Flynn & Traynor. Devils Lake. at
torneys for defendant and Appellant.
Cowan & Adamson, and H. S. Blood.
Devils Lake, attorneys for plaintiff