Flynn v. San Francisco & San Jose Railroad
California Supreme Court
Appeal from tbe District Court of tbe Third District, Santa Clara County. Action to recover damages for the destruction by fire of certain stacks of wheat and a quantity of wheat sacks belonging to plaintiff, through the “ carelessness, negligence and unskillfulness of the defendants and their agents.” The Court below found tbat tbe estimated amount of wheat in tbe stacks burned was six hundred sacks, the value of which, in sacks, was fifteen hundred and twenty-four dollars.
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Appeal from tbe District Court of tbe Third District, Santa Clara County. Action to recover damages for the destruction by fire of certain stacks of wheat and a quantity of wheat sacks belonging to plaintiff, through the “ carelessness, negligence and unskillfulness of the defendants and their agents.” The Court below found tbat tbe estimated amount of wheat in tbe stacks burned was six hundred sacks, the value of which, in sacks, was fifteen hundred and twenty-four dollars. Judgment was for defendant, and plaintiff appealed. The other facts are stated in the opinion. First — The plaintiff,…
1Opinion of the Court
Bhodes, 0. J.,
delivered the opinion of the Court,- Tem:-3?le, J., Wallace, J., and Spbague, J., concurring:
The plaintiff was in possession of a tract of land, one por - tion of which was cultivated in wheat, and another portion was used for pasturage. At the time of the injury complained of, the wheat was in stacks, on the ground where it was harvested, and the stubble on that land and the grass on the pasture land were very dry. ‘ ‘ There were no furrows or cleared space inside the fence or around the wheat stacks.’’ The defendant’s railroad ran along the side of the plaintiff’s land. The…
2Cases cited1 opinion
- Needham v. San Francisco & San José R.R.California Supreme Court · 1869
3Cited by24 opinions
- Rush v. LagomarsinoCalifornia Supreme Court · 1925
- Henry v. Southern Pacific RailroadCalifornia Supreme Court · 1875
- Longabaugh v. Virginia City & Truckee RailroadNevada Supreme Court · 1874
- Curran v. Earle C. Anthony, Inc.California Court of Appeal · 1926
- Louisville, New Albany & Chicago Railway Co. v. KrinningIndiana Supreme Court · 1882
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