Martinez v. Planel
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action to recover damages for personal injuries sustained by the female plaintiff, Caroline, wife of plaintiff, Antonio Diaz Martinez, charged to have resulted from the negligent failure of the defendants, who kept the Bellevue Boarding and Lodging House, in San Francisco, in which the plaintiffs were hoarders and lodgers, to have properly-lighted a certain passage way…
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action to recover damages for personal injuries sustained by the female plaintiff, Caroline, wife of plaintiff, Antonio Diaz Martinez, charged to have resulted from the negligent failure of the defendants, who kept the Bellevue Boarding and Lodging House, in San Francisco, in which the plaintiffs were hoarders and lodgers, to have properly-lighted a certain passage way leading from the rooms occupied by the plaintiffs to the dining room of said house, by reason of which said plaintiff…
1Opinion of the Court
By the Court, Sanderson, J. :
The'Court below erred in receiving the testimony of Mr. and Mrs. Taylor in relation to the fall of the former in the passageway, some six weeks before the injury sustained by the plaintiff, Caroline Diaz Martinez. That was res inter alios acta—a collateral issue, which the defendants could not be required to try in this case. If it was competent for the plaintiffs to prove that other persons had met with like accidents at the same place, it would be competent for the defendants to rebut it, and there would be no end, or might be no end, to the issues to be tried.…
2Cases cited2 opinions
- Cent. Pac. R.R. v. PearsonCalifornia Supreme Court · 1868
- Clark v. WillettCalifornia Supreme Court · 1868
3Cited by5 opinions
- McCormick v. Great Western Power Co.California Supreme Court · 1932
- Steinberger v. California Electric Garage Co.California Supreme Court · 1917
- Craven v. Central Pacific RailroadCalifornia Supreme Court · 1887
- Larson v. LarsenCalifornia Court of Appeal · 1925
- Moody v. PeiranoCalifornia Supreme Court · 1906