Fairchild v. Cal. Stage Co.
California Supreme Court
Appeal from the Tenth District. In addition to the instructions set forth in the opinion, the . others referred to are as follows : Second Instruction.—“ That if the jury believe that a want of proper skill or care of the driver, placed the passengers in a state of peril, and they had at that time a reasonable ground for supposing that the stage would upset, or that the driver was incapable of managing his horses, the plaintiff is entitled to recover, although the jury may…
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Appeal from the Tenth District. In addition to the instructions set forth in the opinion, the . others referred to are as follows : Second Instruction.—“ That if the jury believe that a want of proper skill or care of the driver, placed the passengers in a state of peril, and they had at that time a reasonable ground for supposing that the stage would upset, or that the driver was incapable of managing his horses, the plaintiff is entitled to recover, although the jury may believe, from the position in which the stage was placed by the negligence and recklessness of the driver, that the…
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
This action was brought to recover damages for certain injuries sustained by the plaintiff by the careless overturning of a stage-coach in which she was a passenger’. A verdict was rendered for the plaintiff for two thousand two hundred and fifty dollars damages. A motion for a new trial was made and overruled.
The main questions arise on certain instructions given and refused. It is not deemed necessary to notice at large the points —that the evidence did not warrant the verdict, and that the damages are excessive. We have read the body of proofs in the case, and think…
2Cases cited1 opinion
- Robert Boyce, in Error v. Paul Anderson, in ErrorSupreme Court of the United States · 1829
3Cited by33 opinions
- Zentz v. Coca Cola Bottling Co.California Supreme Court · 1952
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Hardin v. San Jose City Lines, Inc.California Supreme Court · 1953
- Sears v. Seattle Consolidated Street Railway Co.Washington Supreme Court · 1893
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