McQuilken v. Central Pacific Railroad
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Alameda. The plaintiff, who was an infant three years old, in charge of her mother, in August, 1870, took passage on the railroad of the defendant at the Broadway station in Oakland, to ride to the Market street station. The train stopped at the latter station, and the mother had reached the middle step leading from the platform of the car, to the ground, when the car started.
Read the full summary
Appeal from the District Court, Third Judicial District, County of Alameda. The plaintiff, who was an infant three years old, in charge of her mother, in August, 1870, took passage on the railroad of the defendant at the Broadway station in Oakland, to ride to the Market street station. The train stopped at the latter station, and the mother had reached the middle step leading from the platform of the car, to the ground, when the car started. The plaintiff was standing on the platform, and, by the movement of the car, was thrown forward and fell between the cars and sustained such injuries as…
1Opinion of the Court
By the Court, McKinstry, J.:
The judge charged the jury: “If the want of care of plaintiff contributed to the accident she cannot recover. Proof in some form that the plaintiff did not contribute to the injury constitutes part of the plaintiff’s ease.” And again: “The burden of proof is on the plaintiff to show that she was, at the time of the accident in question, in the exercise of due care.” In Robinson v. W. P. R. R. Co. (48 Cal. 426), we held that negligence on the part of plaintiff, in cases like the present, is a matter of defense to be proved by defendant.
This ruling does not preclude…
2Cases cited1 opinion
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
3Cited by9 opinions
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Goldstone v. Merchants' Ice & Cold Storage Co.California Supreme Court · 1899
- Magee v. North Pacific Coast RailroadCalifornia Supreme Court · 1889
- Gerity's Admx. v. HaleyWest Virginia Supreme Court · 1886
- Bowers v. Union Pacific RailroadUtah Supreme Court · 1885
4 more not listed; retrieve them via the Exa API.