Fox v. Oakland Consolidated Street Railway
California Supreme Court
APPEAL from a judgment of the Superior Court of Ala-meda County and from an order- denying a new trial. F. B. Ogden, Judge. The averments of the complaint upon the subject of damages were substantially as set forth in the last syllabus. The main facts of the case axe stated in the opinion of the court. The poverty of the plaintiff was not competent to show freedom from contributory negligence. (Ma.yhew v. Burns, 103 Ind. 328; Indianapolis etc. Ry.
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APPEAL from a judgment of the Superior Court of Ala-meda County and from an order- denying a new trial. F. B. Ogden, Judge. The averments of the complaint upon the subject of damages were substantially as set forth in the last syllabus. The main facts of the case axe stated in the opinion of the court. The poverty of the plaintiff was not competent to show freedom from contributory negligence. (Ma.yhew v. Burns, 103 Ind. 328; Indianapolis etc. Ry. Co. v. Piizer, 109 Ind. 179; 58 Am. Rep. 387; Patterson’s Railway Accident Law, 77; Mahoney v. San Francisco etc. Ry. <7o.,110 Cal. 471, 476.) The…
1Opinion of the CourtVan Fleet, J.
Action by the father to recover damages resulting from the death of his infant son, alleged to have been caused by the negligence of defendant in running over him with one of its electric cars.
Judgment was for plaintiff, and defendant appeals therefrom and from an order denying it a new trial.
1. Appellant devotes a considerable portion of its brief in an effort to convince ns that the evidence fails to show apiy negligence on the part of defendant. The task has proven "fruitless.: An examination of the evidence discloses a substantial conflict upon that issue, however much it may be said to…
2Cases cited18 opinions
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Sloane v. Southern California Railway Co.California Supreme Court · 1896
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- Mayhew v. BurnsIndiana Supreme Court · 1885
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3Cited by51 opinions
- Bond v. United R.R. of S.F.California Supreme Court · 1911
- Harrington v. Los Angeles Railway Co.California Supreme Court · 1903
- Seller v. Market-Street Railway Co.California Supreme Court · 1903
- Pease v. Beech Aircraft Corp.California Court of Appeal · 1974
- Zarzana v. Neve Drug Co.California Supreme Court · 1919
46 more not listed; retrieve them via the Exa API.