Piller v. S. Pac. R.R.
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Santa Clara. The plaintiff averred in his complaint that on the 5th day of June, 1872, he was a passenger on one of the defendant’s trains, on its railroad from Gilroy to San José, and that on the same day a gravel train run by the defendant was going from San José to Gilroy, and that by the negligence of the defendant the two trains collided and he was injured, and that he did not recover from the…
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Appeal from the District Court, Twentieth Judicial District, County of Santa Clara. The plaintiff averred in his complaint that on the 5th day of June, 1872, he was a passenger on one of the defendant’s trains, on its railroad from Gilroy to San José, and that on the same day a gravel train run by the defendant was going from San José to Gilroy, and that by the negligence of the defendant the two trains collided and he was injured, and that he did not recover from the effects of his injuries in two years after receiving the same. Judgment for seven thousand dollars damages was asked. The…
1Opinion of the Court
By the Court :
The action is brought upon the alleged negligence of defendant, whereby plaintiff suffered damage.
In the present case the liability accrued when the alleged collision occurred. The plaintiff could not extend the time for bringing the action by averring that he had not recovered from his injuries when the complaint was filed.
Sec. 339 of the Code of Civil Procedure prescribes two years *44as the period within which must be commenced “ An action upon a contract, obligation, or liability, not founded upon an instrument in writing.” “ Liability ” has been defined: “ Eesponsibility, the…
2Cited by33 opinions
- Lattin v. GilletteCalifornia Supreme Court · 1892
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- Moss v. MossCalifornia Supreme Court · 1942
- Cooke v. Holland Furnace Co.Michigan Supreme Court · 1918
- Hecht v. SlaneyCalifornia Supreme Court · 1887
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