Legal Opinion

Mugford v. Atlantic, Gulf & Pacific Co.

California Court of Appeal

Decided March 12, 1908No. Civ. No. 407PublishedCited by 2 opinions

APPEAL from a judgment of the Superior Court of Alameda County, and from an order denying a new trial. Wm. H. Waste, Judge. j The facts are stated in the opinion of the court.

1Opinion of the Court

KERRIGAN, J

This action was brought by an employee of the defendant corporation to recover damages for personal injuries received while working on a pile-driver of defendant. At the trial below, at the close of plaintiff’s ease, the court granted a nonsuit. Plaintiff appeals from the judg ment following the nonsuit and from an order denying a. new trial.

The contention of the appellant is that the court erred in' deciding that, as a matter of law, plaintiff was guilty of contributory negligence, and in taking the case away from the jury.

From plaintiff’s ease, as presented by his bill of…

2Cases cited12 opinions

  1. Herbert v. Southern Pacific Co.California Supreme Court · 1898
  2. Wahlgreen v. Market Street Railway Co.California Supreme Court · 1901
  3. McKune v. Santa Clara Valley Mill & Lumber Co.California Supreme Court · 1895
  4. Fernandes v. Sacramento City Ry.California Supreme Court · 1877
  5. District of Columbia v. McElligottSupreme Court of the United States · 1886

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3Cited by2 opinions

  1. Brown v. Board of TrusteesCalifornia Court of Appeal · 1919
  2. Zar v. AlafetichCalifornia Court of Appeal · 1954

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