Legal Opinion

Fagundes v. Central Pacific Railroad

California Supreme Court

Decided April 30, 1889No. 12660PublishedCited by 15 opinions

Appeal from an order of the Superior Court of Placer County granting a new trial. The facts are stated in the opinion.

1Opinion of the Court

Foote, C.

—The plaintiff brought this action to recover damages for the death of his son, caused by the alleged carelessness- of the defendant.

After the introduction of the evidence on the part of the plaintiff, the defendant moved for a nonsuit, which was refused. It then introduced evidence in its own behalf, after the conclusion of which a motion for a non-suit was again made and granted. The plaintiff then moved for a new trial, which the court allowed, from which the defendant appeals.

There is no conflict in the evidence.

*99The deceased was a laborer employed by the defendant to remove snow…

2Cases cited5 opinions

  1. Glascock v. Central Pacific RailroadCalifornia Supreme Court · 1887
  2. Fisk v. Central Pacific RailroadCalifornia Supreme Court · 1887
  3. Vanderford v. FosterCalifornia Supreme Court · 1884
  4. Brown v. Central Pacific RailroadCalifornia Supreme Court · 1887
  5. Stephens v. DoeCalifornia Supreme Court · 1887

3Cited by15 opinions

  1. Estate of Morey v. WellsCalifornia Supreme Court · 1905
  2. Daves v. Southern Pacific Co.California Supreme Court · 1893
  3. Ell v. Northern Pacific RailroadNorth Dakota Supreme Court · 1891
  4. Congrave v. Southern Pacific RailroadCalifornia Supreme Court · 1891
  5. Mann v. O'SullivanCalifornia Supreme Court · 1899

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