Legal Opinion

Trenor v. Central Pacific Railroad

California Supreme Court

Decided July 1, 1875No. 3873PublishedCited by 7 opinions

Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. On the 14th day of November; 1869, the plaintiff and Joseph C. Tucker were keeping a private asylum for insane persons, at the town of Alameda, county of Alameda, and on the morning of that day a locomotive and train of cars of the Western Pacific Railroad Company, going east, collided with a locomotive and train of cars of the San Francisco and Alameda Railroad Company, going…

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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. On the 14th day of November; 1869, the plaintiff and Joseph C. Tucker were keeping a private asylum for insane persons, at the town of Alameda, county of Alameda, and on the morning of that day a locomotive and train of cars of the Western Pacific Railroad Company, going east, collided with a locomotive and train of cars of the San Francisco and Alameda Railroad Company, going west, at a point about two miles from the asylum. The plaintiff and Dr. Tucker were partners in keeping the asylum. Many…

1Opinion of the Court

By the Court, Rhodes, J.:

Upon the issue as to whether the defendant employed the plaintiff to render professional services as a physician and surgeon in the treatment of the persons injured by the collision, or only to take and receive such persons into the asylum, the evidence is conflicting; and the verdict, therefore, will not be disturbed on the ground of the insufficiency of the evidence to sustain the finding on that issue.

The court did not err in excluding the questions propounded to Dr. Nixon, as they did not relate to the value of services of the 'character of those charged in the…

2Cited by7 opinions

  1. Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
  2. Williams v. Southern Pacific RailroadCalifornia Supreme Court · 1896
  3. Russ v. TuttleCalifornia Supreme Court · 1910
  4. San Diego Gas & Electric Co. v. Lux Land & Co.California Court of Appeal · 1961
  5. Lufkins v. CollinsIdaho Supreme Court · 1886

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