Clark v. Atchison, Topeka & Santa Fe Ry.
California Supreme Court
The facts are stated in the opinion of the court. E. W. Camp, U. T. Clotfelter, M. W. Reed, and A. H. Van Cott, for Appellant.
1Opinion of the CourtShaw, J.
The plaintiff sued to recover damages for personal injuries alleged to have been caused by the negligence of defendant in the management of its passenger train. There was a verdict and judgment in favor of the plaintiff, from which, and from the order denying its motion for a new trial, the defendant appeals.
The answer denied the material allegations of the complaint and, as an affirmative defense, alleged that if. the plaintiff suffered either or any of the injuries alleged in his complaint, the same were caused solely by his own carelessness and negligence.
We think, upon the plaintiff’s own…
2Cases cited1 opinion
- Howe v. NewmarchMassachusetts Supreme Judicial Court · 1866
3Cited by3 opinions
- Giannini v. CampodonicoCalifornia Supreme Court · 1917
- Grassie v. American LaFrance Fire Engine Co.California Court of Appeal · 1928
- Hoffman v. Southern Pac. Co.California Supreme Court · 1914