| OCR Text |
Show ARGUMENTS IN IYNE In tho district court this' morning, the attorney for the Southern Pacific Railway company, defendant in the $5,000 damage suits of Nora Kyno, began be-gan his argument in support of a motion mo-tion that the court Instruct the jury to find a verdict for the defendant conipany. The contention of the attorney is that the plaintiff failed to show that the railroad company was in duty bound to give any signal of warning to Nora when she was on the platform plat-form of the Lakeside station house the day of the accident, when the work train came into the station. He also contended that, whether the girl was at (.he station as licensee or trespasser, tres-passer, the company was not bound to signal the coming of its train, it being conceded, however, that the proof tended to show that she was there as a licensee and that as such she was In duty bound to look out for the train and keep out of its way. The attorney contends that the duty of n railroad conipany to its employes em-ployes or licensees, regarding the caro to be observed in the operation of its trains, is different from that due tho public. The defendnnt company also claims that, under the testimony, although it were shown that Nora was only a little lit-tle past ten years of age when the accident happened, she was mentally capacitated to be guilty of contributory contribu-tory negligence, and, if she were negligent, negli-gent, that would bar her from recovering. recov-ering. The attorney in his argument stated that Nora testified unhesitatingly unhesitat-ingly that she knew the dangers of boing about railroad tracks and that she had repeatedly been warned against the danger and told to be careful care-ful and vigilant In looking and listening lis-tening for trains when she was in the depot or near the tracks at any place. That, notwithstanding her knowledge of the peril of the track when the work train was being driven driv-en into the station In instances such as the one before be-fore the court, the railroad attorney said that, 'in the comcomitant risks and perils of operating trains tho railroad owes no duty or special vigilance." |
