Crowley v. City Railroad
California Supreme Court
Appeal from a judgment for the plaintiff and an order denying a new trial in the Superior Court, of the City and County of San Francisco. Sullivan, J. The instructions referred to by the Court appear in the argument of appellant’s, attorneys.
1Opinion of the Court
Thornton, J.:
This is an action by a father to recover damages for the death of his son, alleged to have been caused by the negligence of the defendant. The defendant inter alia pleaded in bar *630a release by plaintiff of all demand for the damages sued for, and in his answer inserts a copy of the release. This was not denied by plaintiff in the mode required by Section 448 of the Code of Civil Procedure. The plaintiff offered evidence tending to show that at the time he signed the release, he was incompetent to contract. To this evidence there was no objection by defendant, and the case was…
2Cases cited1 opinion
- Tynan v. WalkerCalifornia Supreme Court · 1868
3Cited by8 opinions
- Moore v. CoppCalifornia Supreme Court · 1897
- Harrington v. Los Angeles Railway Co.California Supreme Court · 1903
- Quimby v. BoydSupreme Court of Colorado · 1884
- Leavy v. CooneyCalifornia Court of Appeal · 1963
- Rankin v. NewmanCalifornia Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.