Stewart v. California Improvement Co.
California Supreme Court
The facts are stated in the opinion of the court. Chickering, Thomas & Gregory, and B. McFadden, for Appellants. The escape of steam through the safety valve, as incident to the use of the engine, raised no presumption of negligence. (Hahn v. Southern Pac. R. R. Co., 51 Cal. 605; Omaha etc. Ry. Co. v. Clarke, 39 Neb. 65; Howard v. Union Freight Ry. Co., 156 Mass. 159; Duvall v. Baltimore etc. Ry. Co., 73 Md. 516; Wabash etc. Ry. Co. v. Farver, 111 Ind. 1951; Cincinnati etc.
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The facts are stated in the opinion of the court. Chickering, Thomas & Gregory, and B. McFadden, for Appellants. The escape of steam through the safety valve, as incident to the use of the engine, raised no presumption of negligence. (Hahn v. Southern Pac. R. R. Co., 51 Cal. 605; Omaha etc. Ry. Co. v. Clarke, 39 Neb. 65; Howard v. Union Freight Ry. Co., 156 Mass. 159; Duvall v. Baltimore etc. Ry. Co., 73 Md. 516; Wabash etc. Ry. Co. v. Farver, 111 Ind. 1951; Cincinnati etc. Ry. Co. v. Gaines, 104 Ind. 3262; Favor v. Boston etc. R. R. Co., 114 Mass. 3503; McCarren v. Albany etc. Ry. Co., 72…
1Opinion of the CourtVan Dyke, J.
Action for personal injury. The trial was by the court without a jury. Plaintiff had judgment, from which and from an order denying their motion for a new trial defendants appeal.
The court found that defendant Conger was, on the fourth day of March, 1896, employed by the defendant California Improvement Company as engineer to manage a steam roller owned by said company and used by it in rolling and leveling streets. The said roller was then in the use of the city, of Oakland—the sam'e, with the engineer in charge, having been hired by the city of Oakland from the defendant California…
2Cases cited3 opinions
- Boswell v. LairdCalifornia Supreme Court · 1857
- Huff v. FordMassachusetts Supreme Judicial Court · 1878
- Du Pratt v. LickCalifornia Supreme Court · 1869
3Cited by38 opinions
- Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
- Billing v. Southern Pacific Co.California Supreme Court · 1922
- Densby v. BartlettIllinois Supreme Court · 1925
- Norton v. Day Coal Co.Supreme Court of Iowa · 1920
- Lowell v. HarrisCalifornia Court of Appeal · 1937
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