Legal Opinion

Payne v. Oakland Traction Co.

California Court of Appeal

Decided December 31, 1910No. Civ. No. 757PublishedCited by 4 opinions

APPEAL from a judgment of the Superior Court of Alameda County, and from an order denying a new trial. T. W. Harris, Judge, The facts are stated in the opinion of the court.

1Opinion of the CourtHart, J.

This is an action for damages for personal injuries in which plaintiff obtained a verdict against the defendant for the sum of $3,000.

From the judgment entered upon said verdict and the order denying the defendant a new trial the latter presents these appeals.

It appears that for nearly five years prior to the day of the accident in which plaintiff sustained the injuries constituting the subject of this action—the twenty-third day of September, 1906—he was employed by the defendant as a motorman on its street-car lines in the city of Oakland. About the hour of 5:40 o ’clock A. M. on the day…

2Cases cited36 opinions

  1. Herbert v. Southern Pacific Co.California Supreme Court · 1898
  2. Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
  3. Slater v. . JewettNew York Court of Appeals · 1881
  4. McKune v. Santa Clara Valley Mill & Lumber Co.California Supreme Court · 1895
  5. Fernandes v. Sacramento City Ry.California Supreme Court · 1877

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3Cited by4 opinions

  1. Hill v. Pacific Gas & Electric Co.California Court of Appeal · 1913
  2. Humbert v. Castro Valley County Fire Protection DistrictCalifornia Court of Appeal · 1963
  3. Fonts v. Southern Pacific Co.California Court of Appeal · 1916
  4. Miller v. CooksonCalifornia Court of Appeal · 1928

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