Karr v. Parks
California Supreme Court
Appeal from tbe District Court of tbe Tenth District, Tuba County. Tbe facts are stated in tbe opinion. First — In action for damages for personal injuries, on the ground of negligence, the plaintiff cannot recover, if his own negligence contributed directly to the injury, or if by the exercise of ordinary prudence he could have avoided the injury.
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Appeal from tbe District Court of tbe Tenth District, Tuba County. Tbe facts are stated in tbe opinion. First — In action for damages for personal injuries, on the ground of negligence, the plaintiff cannot recover, if his own negligence contributed directly to the injury, or if by the exercise of ordinary prudence he could have avoided the injury. (Wilds v. Hudson Biver Bailroad Co. 24 N. T. 430; Button v. Hudson Biver Bailroad Go. 18 Id., 248, and cases cited; Griffen v. N. Y. Central B. B. Go. 40 Id., 1 Hand; Gay v. Winter, 34 Oal. 153; Butterfield v. Forrester, 11 East. 60; Adams v.…
1Opinion of the Court
Temple, J.,
delivered tbe opinion of tbe Court, Crockett, J., Sprague, J., and [Rhodes, C. J., concurring:
Tbe plaintiff, by her guardian ad litem, brings tbis action *192to obtain damages for injuries received by being attacked and booked, while in a public street in Marysville, by defendant’s cow. The plaintiff, who was an infant, and, at the time the injuries were received, was between ten and eleven years of age, went out with ber sister, wbo was five years old, to walk and pick flowers, upon Sixth street in the city of Marysville, at about six o’clock in the afternoon. When about sixty feet…
2Cited by17 opinions
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- International & Great Northern Railway Co. v. NeffTexas Supreme Court · 1894
- Seperman v. Lyon Fire Proof Storage Co.California Court of Appeal · 1929
- Battishill v. HumphreysMichigan Supreme Court · 1887
- Hainlin v. BudgeSupreme Court of Florida · 1908
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