Legal Opinion · Dissent

Brown v. Central Pacific Railroad Co.

California Supreme Court

Decided December 5, 1885No. 8682Published

Appeal from a judgment of the Superior Court of the city and county of San Francisco. The facts are stated in the opinion of the court and in. the dissenting opinion of Mr. Justice McKee.

1DissentMcKee, J.

For the reasons given in my opinion heretofore filed in this case, I think the court below properly sustained the demurrer.

Ross, J., dissented.

*174The following is the opinion of Mr. Justice McKee, above referred to, rendered in Department One on .the 24th of June, 1885.

McKee, J.

Upon a general demurrer to the complaint in this case the defendant had judgment, from which the plaintiff has appealed.

The cause of action stated in the complaint is this: In the month of September, 1880, W. C. Brown, an engineer of the Central Pacific Railroad Company, while driving one of its locomotives attached to a…

2Cases cited7 opinions

  1. Beeson v. Green Mountain Gold Mining Co.California Supreme Court · 1880
  2. Yeomans v. Contra Costa Steam Navigation Co.California Supreme Court · 1872
  3. McLean v. Blue Point Gravel Mining Co.California Supreme Court · 1876
  4. Hogan v. Cent. Pac. R.R.California Supreme Court · 1874
  5. Collier v. SteinhartCalifornia Supreme Court · 1875

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