Court of Appeals for the Ninth Circuit February 5, 1906, No. 1,222 (Northern Pac. Ry. Co. v. Jones)

GILBERT, Circuit Judge,

after stating the case as above, delivered the opinion of the court.

Error is assigned to the refusal of the trial court to instruct the *49jury to return a verdict for the plaintiff in error, on the ground that the contributory negligence of the defendant in error was such as to preclude his right to recover.