McMahon v. Hetch-Hetchy & Yosemite Valleys Railway Co.
California Court of Appeal
APPEAL from a judgment of the Superior Court of Tuolumne County, and from an order denying a new trial. G. W. Nicol, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtMcLAUGHLIN, J.
This is an action to recover damages resulting from a fire started by sparks from a locomotive. The complaint alleges that the defendants negligently permitted dry grass, leaves, and other combustible material to remain on the track and right of way of a railroad owned and operated by them, and that by reason of the negligent and careless manner in which the defendants and their servants and employees ran and managed the locomotives and cars on said railroad sparks of fire escaped from a locomotive and ignited and set fire to such combustible material, which fire spread to adjoining lands,…
2Cases cited10 opinions
- Crim v. KessingCalifornia Supreme Court · 1891
- Blood v. La Serena Land & Water Co.California Supreme Court · 1896
- People v. Woon Tuck WoCalifornia Supreme Court · 1898
- Humphrey v. PopeCalifornia Court of Appeal · 1905
- Liverpool, London & Globe Insurance Co. v. Southern Pacific Co.California Supreme Court · 1899
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3Cited by4 opinions
- Frazzini v. CableCalifornia Court of Appeal · 1931
- Keller v. SmithCalifornia Court of Appeal · 1933
- Kluber v. PferdeortPennsylvania Court of Common Pleas · 1936
- Robinson v. Woodside-Astoria Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1934