Leahy v. Southern Pacific Railroad
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Santa Clara, and from an order refusing a new trial. The plaintiffs were the widow and an infant child of William E. Leahy. . The action was for damages for the death of Leahy, alleged to have been caused by the negligence of defendant.
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Appeal from a judgment of the Superior Court of the county of Santa Clara, and from an order refusing a new trial. The plaintiffs were the widow and an infant child of William E. Leahy. . The action was for damages for the death of Leahy, alleged to have been caused by the negligence of defendant. When the case was called for trial, it appeared that the names of the jurors in attendance had not been drawn from the jury box, and that the jury had been summoned by the sheriff under an order of the court. The defendant asked that a jury for the trial of the cause be drawn from the jury box. The…
1Opinion of the CourtSharpstein, J.
Jurors not having been drawn or summoned to attend the session at which this action was tried, the court was authorized to order a sufficient number to be forthwith drawn and summoned to attend court, or by an order entered in its minutes to direct the sheriff forthwith to summon so many good and lawful men of the county to serve as jurors, as might be required. (Code Civ. Proc. § 226.) The court adopted the latter method. This constitutes no error in law, nor even irregularity in the proceedings of the court.
The exception to the ruling of the court, on the defendant’s objection to evidence…
2Cited by6 opinions
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- Wiggins v. BridgeCalifornia Supreme Court · 1886
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