Tompkins v. Clay St. R.R.
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The facts appear in the opinion of the court.
1Opinion of the CourtMcKinstry, J.
-A car of the Clay Street Hill Company collided with a car of the Sutter Street Railroad Company, at the crossing of Clay and Polk Streets, San Francisco. Plaintiff, a passenger in the car of the latter company, was thrown from her seat and injured. The complaint charges neglect on the part of both companies. Plaintiff recovered damages of the Clay Street Company, and the appeal is by that company.
In Pennsylvania, it seems to have been held that when a passenger on a carrier vehicle is injured by a collision resulting from the mutual negligence of those in charge of it and another party, the…
2Cases cited2 opinions
- Turner v. HitchcockSupreme Court of Iowa · 1866
- Urton v. PriceCalifornia Supreme Court · 1881
3Cited by97 opinions
- Ash v. MortensenCalifornia Supreme Court · 1944
- Abb v. Northern Pacific Railway Co.Washington Supreme Court · 1902
- Hunt v. ZieglerCourt of Appeals of Texas · 1925
- Doeg v. CookCalifornia Supreme Court · 1899
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HilligossIndiana Supreme Court · 1908
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