Humphfres v. Western Pac. Ry. Co.
California Supreme Court
The facts are stated in the opinion of the court. Warren Olney, Jr., W. H. Carlin, and Alexander R. Baldwin, for Appellant.
1Opinion of the CourtLawlor, J.
The plaintiff was injured while performing his duties as a fireman on one of the defendant’s freight trains, and brought this action to recover damages. His claim for damages is based upon the alleged negligence of the defendant railway company in maintaining a sign-board so close to its track that it collided with him while the train was in motion, and caused the injuries complained of. The defendant denied the material allegations of the complaint and pleaded contributory negligence on the part of the plaintiff in that he knew of the location of the sign-board, “but not: withstanding such…
2Cases cited13 opinions
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- Fonda v. St. Paul City Railway Co.Supreme Court of Minnesota · 1898
- Pierce v. United Gas and Electric Co.California Supreme Court · 1911
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Chicago & Iowa Railroad v. RussellIllinois Supreme Court · 1878
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3Cited by2 opinions
- Ericksen v. Southern Pacific Co.California Supreme Court · 1952
- Sinan v. Atchison, Topeka & Santa Fe Railway Co.California Court of Appeal · 1930