McKeever v. Market Street Railroad
California Supreme Court
Appeal from a judgment for the plaintiffs, and from an order denying a new trial in the Superior Court of the City and County of San Francisco.
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Appeal from a judgment for the plaintiffs, and from an order denying a new trial in the Superior Court of the City and County of San Francisco. Hunt, J. The Court instructed the jury in effect, that the rule in regard to contributory negligence was confined to cases where such negligence immediately or approximately or directly contributed to the result, and that if the deceased did not exercise ordinary care, and yet did not by the want of such ordinary care contribute to produce the injury, the plaintiff would be entitled to recover; that the deceased, and every other person in the exercise…
1Opinion of the Court
Thornton, J.:
This is an action to recover damages for the death of - Daniel McKeever, caused by the neglect of the defendant. The action is brought by the heirs of the decedent under section 377 of the Code of Civil Procedure. There were verdict and judgment for plaintiff, and a motion by defendant for a new trial, which was denied. From the judgment and order denying a new trial, this appeal was prosecuted by defendant.
It is contended that the evidence is insufficient to justify the verdict. We have examined the evidence, and are of opinion that the point is not tenable. There is a…
2Cases cited6 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Beeson v. Green Mountain Gold Mining Co.California Supreme Court · 1880
- Fernandes v. Sacramento City Ry.California Supreme Court · 1877
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Herbert v. Southern Pacific Co.California Supreme Court · 1898
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Farrell v. Waterbury Horse R. R. Co.Supreme Court of Connecticut · 1891
- Murray v. Southern Pacific Co.California Supreme Court · 1917
12 more not listed; retrieve them via the Exa API.