Deville v. Southern Pacific Railroad
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The plaintiff owned a span of horses and a wagon, with which he was engaged in peddling vegetables in the city of San Jose. On the 26th day of April, 1872, he drove his horses in front of the house of one Bertrand, in San Jose, not far from the railroad track, and left them unhitched while he went into the house with vegetables.
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Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The plaintiff owned a span of horses and a wagon, with which he was engaged in peddling vegetables in the city of San Jose. On the 26th day of April, 1872, he drove his horses in front of the house of one Bertrand, in San Jose, not far from the railroad track, and left them unhitched while he went into the house with vegetables. He knew that the cars passed there every day at about that hour, but knew that his horses were accustomed to railroad trains, and were not frightened at them. On coming out of…
1Opinion of the Court
By the Court:
The act of the plaintiff in leaving his team unhitched, in close proximity to the track of the railroad, at a time when the train usually came, was negligence on his part in the first instance. When he subsequently, upon the arrival of the train, and" when the team was upon the track, attempted their rescue, he was guilty of additional negligence, which proximately contributed to the misfortune which he suffered.
We think the motion for the nonsuit should have been granted.
Judgment and order denying a new trial reversed, and cause remanded.
2Cited by12 opinions
- Fernandes v. Sacramento City Ry.California Supreme Court · 1877
- Van Praag v. GaleCalifornia Supreme Court · 1895
- Henshaw v. BelyeaCalifornia Supreme Court · 1934
- Moore v. Kansas City & Independence Rapid Transit Railway Co.Supreme Court of Missouri · 1895
- In Re Estate of PragerCalifornia Supreme Court · 1913
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