Shafter v. Evans
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, Marin County. Action to recover damages for the killing of thirty-five head of cattle, under the following circumstances: The defendant owned a corral or cattle enclosure of about an acre of land, situated immediately on the sea-coast, in Marin County, bounded upon three sides by a fence, and upon the other by a steep bluff forty feet high, over the beach.
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Appeal from the District Court of the Seventh Judicial District, Marin County. Action to recover damages for the killing of thirty-five head of cattle, under the following circumstances: The defendant owned a corral or cattle enclosure of about an acre of land, situated immediately on the sea-coast, in Marin County, bounded upon three sides by a fence, and upon the other by a steep bluff forty feet high, over the beach. The defendant, one evening, drove two hundred and fifty head of his own cattle into the enclosure, and found intermixed with them a number of the plaintiff’s cattle. Intending…
1Opinion of the Court
By the Court :
The ultimate question in issue at the trial was, whether it was an actionable negligence in the testator of these respondents to cause the cattle of the plaintiff to be driven into the corral under the circumstances alleged. When those circumstances were established by proof, the ultimate fact of negligence on the one hand, or ordinary care upon the other, was a matter to be inferred by the jury. The ultimate fact of negligence in such a case is not one to be established by the mere opinion of witnesses called to testify. The evidence of experts is not admissible. A clear…
2Cited by14 opinions
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- Sim v. WeeksCalifornia Court of Appeal · 1935
- Conniff v. City of San FranciscoCalifornia Supreme Court · 1885
- Spolter v. Four-Wheel Brake Service Co.California Court of Appeal · 1950
- Phoenix Assurance Co. v. Texas Holding Co.California Court of Appeal · 1927
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