Legal Opinion

Canning v. Central Pacific Railroad

California Supreme Court

Decided July 1, 1875No. 4460PublishedCited by 1 opinion

Appeal from the District Court, Third Judicial District, County of Alameda. Action to recover damages for injuries sustained by the plaintiff while a passenger on the railroad of the defendant from the wharf, in the Bay of San Francisco, to Broadway station, in the city of Oakland.

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Appeal from the District Court, Third Judicial District, County of Alameda. Action to recover damages for injuries sustained by the plaintiff while a passenger on the railroad of the defendant from the wharf, in the Bay of San Francisco, to Broadway station, in the city of Oakland. The injury was sustained on the night of September 29, 1869. As the train approached Broadway station, Oakland, the engine was switched off on a spur-track, and the cars, by the momentum which they had received, moved along the main track to the platform, without the engine. The engine was then moved back to the…

1Opinion of the Court

By the Court, Crockett, J.:

There is a substantial conflict in the evidence, in respect to the time allowed to the plaintiff within which to leave the train. Several witnesses testify that he left the car without any unreasonable delay, and that while descending the steps he fell between the platform and the cars, and his leg was crushed by the moving train, the fall having been occasioned by a sudden jolting caused by coupling the engine to the cars. On the other hand, several witnesses testified that the train remained stationary for three or four minutes, giving ample time for the…

2Cited by1 opinion

  1. Blum v. SunolCalifornia Supreme Court · 1883

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