White v. San Rafael & San Quentin Railroad
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The defendant was a corporation, and contracted in writing with the plaintiff, on the 2d day of August, 1869, to construct for the defendant a railroad from San Quentin, on the Bay of San Francisco, to San Rafael, a distance of three miles and forty-eight and one-half chains.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The defendant was a corporation, and contracted in writing with the plaintiff, on the 2d day of August, 1869, to construct for the defendant a railroad from San Quentin, on the Bay of San Francisco, to San Rafael, a distance of three miles and forty-eight and one-half chains. The plaintiff, on the verbal order of the engineer, performed extra work, not embraced in his' contract, of the value of three thousand nine hundred and twenty-three dollars, and for which the engineer refused to give him a…
1Opinion of the Court
By the Court :
1. The respondent cannot be permitted to point to the defects in the answer of the defendant, real or supposed, as precluding the defendant from objections, otherwise well made, to the admissibility of evidence offered at the trial. The case seems to have been tried upon the supposition that the answer presented a sufficient denial to the allegations of the complaint; and to raise the objection for the first time in this Court is too late. Substantial justice requires that such objections, if intended to be relied on, should be taken below, where an amendment may be made.
2. And…
2Cited by16 opinions
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