Jamison v. San Jose & Santa Clara Railroad

Morrison, C. J.:

This action was brought to recover damages sustained by the plaintiff, Mary E. Jamison, while a passenger on defendant’s road, and a trial having been had in the late District Court, of the Twentieth Judicial District, judgment passed in favor of the plaintiffs for the sum of $300 damages, from which judgment the appeal in this case was taken.

It appears from the evidence that in the month of September, 1876, the city of San José was causing Los Gatos Creek to be widened at a point where it is crossed by defendant’s road; that an excavation was- made on the east side of the…