Nehrbas v. Central Pacific Railroad
California Supreme Court
Appeal by defendant from the judgment of the Superior Court of the County of Alameda. Greene, J. Action for damages caused through' the negligence of the defendant. Upon the conclusion of the plaintiff’s testimony in the Court below the defendant moved for a nonsuit, which was denied. The defendant offered no testimony. The jury returned a verdict for the plaintiff in the sum of ten thousand eight hundred dollars.
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Appeal by defendant from the judgment of the Superior Court of the County of Alameda. Greene, J. Action for damages caused through' the negligence of the defendant. Upon the conclusion of the plaintiff’s testimony in the Court below the defendant moved for a nonsuit, which was denied. The defendant offered no testimony. The jury returned a verdict for the plaintiff in the sum of ten thousand eight hundred dollars. The defendant, without moving for a new trial in the Court below, prepared a bill of exceptions to be used on appeal. The facts are stated in the opinion of the Court. After the…
1Opinion of the Court
Eoss, J.:
Except in one aspect of the case we need not allude to the pathetic side of the accident which in an instant brought death to five children, the oldest of whom was but sixteen and the youngest but five years of age. The action is by the father against the Bailroad Company for damages for the loss of his children. If there was no negligence on the part of *332the defendant, of course the plaintiff can not recover. And even if there was great negligence on its part, yet if the accident was brought about in part by a want of ordinary care on the part of the deceased, a like result must…
2Cases cited8 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Beeson v. Green Mountain Gold Mining Co.California Supreme Court · 1880
- Fernandes v. Sacramento City Ry.California Supreme Court · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bond v. United R.R. of S.F.California Supreme Court · 1911
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Schneider v. Market Street Railway Co.California Supreme Court · 1901
- Smith v. Occidental & Oriental Steamship Co.California Supreme Court · 1893
- Morgan v. Southern Pac. Co.California Supreme Court · 1892
14 more not listed; retrieve them via the Exa API.