Toomey v. Southern Pacific Railroad
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
— This was an action for damages for the death of the plaintiff’s son, alleged to have been caused by the negligence of the defendant. The trial court, sitting without a jury, gave judgment for the plaintiff, and the defendant appeals upon the findings.
The facts found are as follows: The plaintiff’s son, a lad of eighteen, was run over and killed while walking at night upon the defendant’s track. About 150 yards to the south of the place of the accident was a public crossing, but it does not appear that the deceased had been at this crossing. He was going in an opposite direction,…
2Cases cited7 opinions
- Board of Education v. AremanNew York Court of Appeals · 1977
- Palmer v. Chicago, St. Louis & Pittsburgh RailroadIndiana Supreme Court · 1887
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. BinghamOhio Supreme Court · 1876
- Baltimore & Ohio Railroad v. State ex rel. AllisonCourt of Appeals of Maryland · 1884
- Mason v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Wright v. Arcade School DistrictCalifornia Court of Appeal · 1964
- Neuber v. Royal Realty Co.California Court of Appeal · 1948
- Dull v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899
- Langazo v. San Joaquin Light & Power Corp.California Court of Appeal · 1939
- Conway v. Monidah TrustMontana Supreme Court · 1913
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