Legal Opinion

Durkee v. Central Pacific Railroad

California Supreme Court

Decided July 1, 1880No. 5,882PublishedCited by 24 opinions

Appeal from a judgment, and order denying a new trial, in the Third District Court for Alameda County. McKee, J. The facts are stated in the opinion.

1Opinion of the Court

Morrison, C. J.:

This is an action by plaintiff to recover damages of defendant for an injury to the infant son of plaintiff, alleged to have been caused carelessly and negligently by the servants and employees of the defendant. It appears, from the evidence in the case, that, on the 2nd day of July, 1876, Milton W. Durkee, the son of the plaintiff, aged about five and a half years, was run over by an engine belonging to and at the time in the ser*389vice of the defendant, and was so severely injured that amputation of both his feet became necessary. Verdict for $10,000 damages.

It is unnecessary…

2Cases cited3 opinions

  1. Quin v. . MooreNew York Court of Appeals · 1857
  2. Long v. MorrisonIndiana Supreme Court · 1860
  3. Black v. DaggyIndiana Supreme Court · 1859

3Cited by24 opinions

  1. Bond v. United R.R. of S.F.California Supreme Court · 1911
  2. Bauman v. City and County of San FranciscoCalifornia Court of Appeal · 1940
  3. Baxter v. Superior CourtCalifornia Supreme Court · 1977
  4. Hedrick v. Ilwaco Railway & Navigation Co.Washington Supreme Court · 1892
  5. Clarke v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1924

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