Thomas v. San Pedro, L. A. & S. L. Ry. Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Southern Division of the Southern District of California. Action at law by plaintiffs in error, Maggie Thomas and John Thomas, her husband, brought in the United States Circuit Court for the Southern District of California, Southern Division, against the defendant in error, the San Pedro, Los Angeles & Salt Lake Railroad Company, for damages in the sum of $25,000 for the loss of their son, John Thomas, who was…
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In Error to the Circuit Court of the United States for the Southern Division of the Southern District of California. Action at law by plaintiffs in error, Maggie Thomas and John Thomas, her husband, brought in the United States Circuit Court for the Southern District of California, Southern Division, against the defendant in error, the San Pedro, Los Angeles & Salt Lake Railroad Company, for damages in the sum of $25,000 for the loss of their son, John Thomas, who was injured and killed in the derailment and wreck of defendant’s train while riding as a passenger near Los Angeles, Cal., on…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). It is assigned as error that the Circuit Court granted defendant’s motion for a nonsuit. This motion was based mainly upon the ground that it ap*131peared from the evidence that the deceased was guilty of contributory negligence in going upon the platform of the car while the train was in motion, in violation of the rules and regulations of the company.
Whether, under the circumstances of the particular case, the injured passenger is guilty of contributory negligence, is generally a question of fact for the jury, “but as the negligence of the defendant in this…
2Cases cited14 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Railroad Company v. PollardSupreme Court of the United States · 1875
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
- Buel v. . New York Central R.R. Co.New York Court of Appeals · 1865
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pruitt v. San Pedro, L.A. & Salt Lake R.R.California Supreme Court · 1911
- Chicago, R. I. & P. Ry. Co. v. WarrenSupreme Court of Oklahoma · 1928
- Connard v. Pacific Electric Railway Co.California Supreme Court · 1939
- Rogers v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1967
- San Pedro, L. A. & S. L. R. v. ThomasCourt of Appeals for the Ninth Circuit · 1911
1 more not listed; retrieve them via the Exa API.