Seigel v. Eisen
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. Action brought to recover damages for injury to the person of plaintiff, alleged to have been caused by the agent of defendants, while engaged in defendants’ business, by carelessly and negligently driving defendants’ dray against the person of the plaintiff, who at that time was standing on the platform of a street car, as a passenger. Judgment was rendered for plaintiff.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. Action brought to recover damages for injury to the person of plaintiff, alleged to have been caused by the agent of defendants, while engaged in defendants’ business, by carelessly and negligently driving defendants’ dray against the person of the plaintiff, who at that time was standing on the platform of a street car, as a passenger. Judgment was rendered for plaintiff. Defendants moved for a new trial, the Court denied the motion, and defendants appealed from the judgment and from the order…
1Opinion of the Court
By the Court, Rhodes, C. J.:
The Court cannot pronounce, as matter of law, that the conduct of the plaintiff, in standing on the rear platform of the street car and steadying himself by holding the rail of the platform, was contributory negligence—that it contributed proximately to the injury inflicted on his hand by the wheel of the defendants’ dray, which was passing along the rear of the car.
The question whether the defendants’ drayman could, by proper care, have avoided the collision between the dray and car, is a question of fact for the jury. His testimony that the collision would not…
2Cited by9 opinions
- Dahlberg v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1884
- Orcutt v. Pacific Coast Railway Co.California Supreme Court · 1890
- Upham v. Detroit City Railway Co.Michigan Supreme Court · 1891
- Cummings v. Worcester, Leicester, & Spencer Street Railway Co.Massachusetts Supreme Judicial Court · 1896
- Bailey v. Tacoma Traction Co.Washington Supreme Court · 1896
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