Page:North Dakota Reports (vol. 2).pdf/156

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NORTH DAKOTA REPORTS.

pears that plaintiff had passed this switch stand for fifteen or sixteen days preceding the injury. See Railroad Co. v. Stricker, 51 Md. 47, 34 Am. Rep. 291; Debit v. Railroad Co., 50 Mo. 302; Rains v. Railroad Co., 71 Mo. 164, 36 Am. Rep. 459; Clark v. Railroad Co., 49 Am. Rep. 394; Thompson on Neg., Vol. 2, p. 1008; Railroad Co. v. Austin, 40 Mich, 247. The location and condition of the switch stand in question was not the proximate cause of the injury to plaintiff. Proximate or immediate and direct damages are such as are the ordinary and natural results of the negligence, such as are usual and might have been expected; but does not include such as are the result of an accidental or an unusual combination of circumstances not to be reasonably anticipated and over which the negligent party has no control. Henry v. Railroad Co., 50 Cal. 183; Thompson on Neg., p. 1083, note 1. The defendant is not liable if there was any intervening, efficient cause of injury not put in motion by the defendant. Beach on Contr. Neg., p. 32; Addison on Torts, p. 6; Cooley on Torts, pp. 68-9, Fairbanks v. Kerr, 10 Am. Rep. 664. There must be a natural and probable sequence between the negligent act and the injury and no intervening efficient cause. Fent v. Railroad Co., 57 Ill. 349; Raiiroad Co. v. Pilke, 5 Dak. 444. On the proposition as to what constitutes contributory negligence appellant cites Whittaker's Smith on Neg., pp. 373, 374, 387; Beach on Contr. Neg., pp. 7, 9, 14, 15, 36; Railroad Co. v. Munger, 5 Denio 255; Railroad Co. v. Gross, 17 Wis. 428; Colgrove v. Railroad Co., 20 N. Y. 492; Simpson v. Keokuk, 34 Iowa 568; Railway Co. v. Smith, 3 S. E. Rep. 397; Railroad Co. v. Monday, 4 S. W. Rep. 782; Baumeester v. Railroad Co., 34 N. W. Rep. 414; Masser v. Railroad Co., 27 N. W. Rep. 776; Scheffer v. Railroad Co., 21 N. W. Rep. 711; May v. Railroad Co., 16 Pac. Rep. 210; Daggett v. Railroad Co., 34 Iowa 284; Mertenson v. Railroad Co. 15 N. W. Rep. 569; Railroad Co. v. Thomas, 79 Ky. 160; Railroad Co. v. Langdon, 92 Pa. St. 21, Where contributory negligence is established, the question becomes one of law and the plaintiff may be nonsuited or a judgment given for the defendant. Railroad Co. v. Houston, 95 U. S. 697; Randall v. Railroad Co., 109 U. S. 485; Schofield v. Railroad Co., 30 Minn. 484; Morrison v. Railroad Co., 59 N. Y. 302.