Murray v. Southern Pac. Co.
Court of Appeals for the Ninth Circuit
In Error to' the District Court of the United States for the Southern Division of the Southern District of California; Benj. E. Bled-soe, Judge. Action by Mary Murray and Rena Murray, a minor by her guardian ad litem, Mary Murray, against thé Southern Pacific Company, a corporation. There was a judgment of nonsuit after grant of new trial to defendant, and plaintiffs bring error.
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In Error to' the District Court of the United States for the Southern Division of the Southern District of California; Benj. E. Bled-soe, Judge. Action by Mary Murray and Rena Murray, a minor by her guardian ad litem, Mary Murray, against thé Southern Pacific Company, a corporation. There was a judgment of nonsuit after grant of new trial to defendant, and plaintiffs bring error. The plaintiffs in error, Mary Murray and Lena Murray, commenced an action in the superior court of the county of San Duis Obispo, in the state of California, on August 11, 1913, to recover damages against the…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1] The rule respecting contributory negligence is clearly stated in 7 Am. & Eng. Ency. of Law (2d Ed.) 371, as follows:
“Contributory negligence is a want of ordinary care upon the part of a person injured by the actionable negligence of another, combining and concurring with that negligence, and contributing to the injury as a proximate cause thereof, without which the injury would not have occurred.”
It follows that the defense that tire injured person is chargeable with contributory negligence concedes that there was actionable negligence on the part of…
2Cases cited3 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Hoylman v. Kanawha & Michigan Ry. Co.West Virginia Supreme Court · 1909
- Secor v. Toledo, Peoria & Warsaw R.United States Circuit Court · 1882
3Cited by5 opinions
- Moe v. KettwigNorth Dakota Supreme Court · 1955
- Rath v. BankstonCalifornia Court of Appeal · 1929
- De Honey v. HardingCourt of Appeals for the Eighth Circuit · 1924
- Croty v. Pullman Co.Court of Appeals for the Seventh Circuit · 1928
- Chicago, M. & St. P. Ry. Co. v. YoungersCourt of Appeals for the Eighth Circuit · 1925