Hahn v. Southern Pacific Railroad
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Santa Clara. The plaintiff alleged in his complaint that, on the second day of May, 1874, he was driving a span of horses, harnessed to a wagon, in a northerly direction along Fourth street, in the city of San Jose, and a locomotive and train of cars, under the management of defendant audits agents, came along the railroad track towards him, and that, through the negligence and carelessness of the…
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Appeal from the District Court, Twentieth Judicial District, County of Santa Clara. The plaintiff alleged in his complaint that, on the second day of May, 1874, he was driving a span of horses, harnessed to a wagon, in a northerly direction along Fourth street, in the city of San Jose, and a locomotive and train of cars, under the management of defendant audits agents, came along the railroad track towards him, and that, through the negligence and carelessness of the defendant and its agents in the management of the locomotive and train, the horses were frightened and he was thrown from the…
1Opinion of the Court
By the Court:
The “negligence’’-charged against the defendant is, that when the locomotive was opposite the horses of plaintiff, *607the cylinder-cocks were opened bjr, or under the direction of the engineer, and, as a consequence, the steam escaped in large quantities, and was cast violently against the horses, causing them to run away from the d^fmrdufflrt; and to throw him from his wagon. Both plaintiff and defendant were entitled to use the street, and it is not pretended that, if the horses were frightened by the appearance of the train, or by the ordinary noise of its passage, the plaintiff…
2Cited by15 opinions
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- Bittle v. Camden & Atlantic RailroadSupreme Court of New Jersey · 1893
- Railway Co. v. LewisSupreme Court of Arkansas · 1895
- Leavitt v. Terre Haute & Indianapolis RailroadIndiana Court of Appeals · 1892
- Fares v. Rio Grande Western Railway Co.Utah Supreme Court · 1904
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