Legal Opinion

Harrington v. Los Angeles Railway Co.

California Supreme Court

Decided October 8, 1903No. L.A. No. 1128PublishedCited by 88 opinions

The facts are stated in the opinion of the court. Bicknell, Gibson & Trask, and Dunn & Crutcher, for Appellant. The contributory negligence of the deceased bars recovery. (Civ. Code, sec. 1714; Bolin v. Chicago etc. Ry. Co., 84 N. W. Rep. 446; Tesch v. Milwaukee Ry. and Light Co., 84 N. W. Rep. 823, 826; Watermoler v. Fox River Electric etc. Co., 85 N. W. Rep. 663, 665; Everett v. Los Angeles etc. Ry.

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The facts are stated in the opinion of the court. Bicknell, Gibson & Trask, and Dunn & Crutcher, for Appellant. The contributory negligence of the deceased bars recovery. (Civ. Code, sec. 1714; Bolin v. Chicago etc. Ry. Co., 84 N. W. Rep. 446; Tesch v. Milwaukee Ry. and Light Co., 84 N. W. Rep. 823, 826; Watermoler v. Fox River Electric etc. Co., 85 N. W. Rep. 663, 665; Everett v. Los Angeles etc. Ry. Co., 115 Cal. 105, 127; Hager v. Southern Pacific Co., 98 Cal. 303, 310; Holmes v. Southern Pacific Co., 97 Cal. 161; Murphy v. Dean, 101 Mass. 455;1 O’Brien v. McGlinchey, 68 Me. 552; Sego v.…

1Opinion of the CourtAngellotti, J.

This action was instituted by the plaintiffs, the widow and minor children of Arthur E. Harrington, deceased, for damages alleged to have been sustained by them by reason of the death of deceased, which death was alleged to have been caused by the negligence of defendant. A verdict was rendered in plaintiff’s favor for ten thousand dollars, and from the judgment entered thereon and an order denying its motion for a new trial defendant has appealed.

It is earnestly contended that the evidence was insufficient to sustain the verdict. The claim in this regard is, that, as suming that the…

2Cases cited13 opinions

  1. Herbert v. Southern Pacific Co.California Supreme Court · 1898
  2. Holmes v. South Pacific Coast RailwayCalifornia Supreme Court · 1893
  3. Esrey v. Southern Pacific Co.California Supreme Court · 1894
  4. Fox v. Oakland Consolidated Street RailwayCalifornia Supreme Court · 1897
  5. Needham v. San Francisco & San José R.R.California Supreme Court · 1869

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3Cited by88 opinions

  1. Girdner v. Union Oil Co.California Supreme Court · 1932
  2. Siesseger v. PuthSupreme Court of Iowa · 1931
  3. Stein v. United R.R. of S.F.California Supreme Court · 1911
  4. Sills v. Los Angeles Transit LinesCalifornia Supreme Court · 1953
  5. Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911

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