Mariani v. Dougherty
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The defendant, under a contract with the Superintendent of Streets in San Francisco, was engaged in blasting rock on the westerly side of Kearny street. The defendant was struck by a rock, thrown by the explosion of a blast, and died from the effects of the injury. The defendant appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court:
This action was brought to recover damages from the defendant for causing, by his wrongful act, neglect, and default, the death of the plaintiff’s intestate. The plaintiff recovered a verdict and judgment for two hundred dollars; and, upon his motion, the Court granted a new trial. The appeal is from the order granting the new trial.
Various reasons were assigned why a new trial should be had; but the Court granted it upon the ground of the insufficiency of the evidence to justify the verdict. The guilt and liability of the defendant being established by the verdict, it seemed to…
2Cases cited2 opinions
- McDonald v. . WalterNew York Court of Appeals · 1869
- Hall v. The Bark "Emily Banning"California Supreme Court · 1867
3Cited by9 opinions
- Drury v. FrankeCourt of Appeals of Kentucky (pre-1976) · 1933
- Doody v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Amore v. Di RestaCalifornia Court of Appeal · 1932
- Asumendi v. FergusonIdaho Supreme Court · 1937
- Aboltin v. HeneyWashington Supreme Court · 1911
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