Gay v. Winter
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action brought under the provisions of the statute authorizing the recovery of compensation for causing death by wrongful act, neglect, or default. (Cal.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action brought under the provisions of the statute authorizing the recovery of compensation for causing death by wrongful act, neglect, or default. (Cal. Stats. 1862, p. 447.) The complaint alleged that on or about November 17th, 1864, John Gay, Jr., deceased, an infant of the age of about five years, while carefully using Drumm, East, and Jackson streets, in the City and County of San Francisco, at their crossing and intersection at a point therein, being contiguous and adjacent to a…
1Opinion of the Court
By the Court, Sahdeesost, J.:
Before entering upon the trial of an action, it is of the utmost importance that all doubt, if such there be, as to what the issues are should be removed. It is alike important to both parties and to the Court. The plaintiff" is entitled to an explicit- denial of the material allegations of the complaint or an admission of their truth, either by direct statement or by silence. He is not bound to act at his peril and judge for himself of the sufficiency of the denials, and then stand or fall according to the subsequent judgment of the Court, nor is he bound to…
2Cases cited5 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Button v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- The People v. . McCumberNew York Court of Appeals · 1858
- Stevenson v. SmithCalifornia Supreme Court · 1865
- Johnson v. Hudson River RailroadThe Superior Court of New York City · 1855
3Cited by36 opinions
- Nga Li v. Yellow Cab Co.California Supreme Court · 1975
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Buckley v. ChadwickCalifornia Supreme Court · 1955
- Tynan v. WalkerCalifornia Supreme Court · 1868
- Illinois Central Railroad v. NowickiIllinois Supreme Court · 1893
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