Legal Opinion

Johnson v. Southern Pacific R.R. Co.

California Supreme Court

Decided September 11, 1908No. L.A. No. 2004PublishedCited by 57 opinions

APPEAL from a judgment of the Superior Court of Santa Barbara County and from an order refusing a new trial. James "W. Taggart, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtLorigan, J.

This action was brought to recover damages from the defendant for the death of the wife of the plaintiff, Frank W. Johnson, and mother of the other plaintiffs, alleged to have been occasioned by the negligence of the defendant in causing one of its trains to approach an overhead crossing without signalling, by reason whereof a horse that the plaintiff Olin W. Johnson was driving in a buggy, with the deceased, was frightened, ran away, and overturned the buggy. The defense interposed was a general denial and contributory negligence. The action was tried before a jury, which returned a verdict…

2Cases cited15 opinions

  1. Thomas v. Railroad Co.Supreme Court of the United States · 1880
  2. Railroad Co. v. TrimbleSupreme Court of the United States · 1870
  3. Redfield v. Oakland Consolidated Street Railway Co.California Supreme Court · 1895
  4. Seller v. Market-Street Railway Co.California Supreme Court · 1903
  5. Abbott v. Johnstown, Gloversville & Kingsboro Horse RailroadNew York Court of Appeals · 1880

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3Cited by57 opinions

  1. Zibbell v. Southern Pacific Co.California Supreme Court · 1911
  2. Bond v. United R.R. of S.F.California Supreme Court · 1911
  3. Anthony v. HobbieCalifornia Supreme Court · 1945
  4. Bartolozzi v. MallegniCalifornia Supreme Court · 1921
  5. Simoneau v. Pacific Electric Ry. Co.California Supreme Court · 1911

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