Legal Opinion

Toomey v. Southern Pacific Railroad

California Supreme Court

Decided November 12, 1890No. 12202PublishedCited by 28 opinions

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

  1. Board of Education v. AremanNew York Court of Appeals · 1977
  2. Palmer v. Chicago, St. Louis & Pittsburgh RailroadIndiana Supreme Court · 1887
  3. Pittsburgh, Fort Wayne & Chicago Railway Co. v. BinghamOhio Supreme Court · 1876
  4. Baltimore & Ohio Railroad v. State ex rel. AllisonCourt of Appeals of Maryland · 1884
  5. Mason v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1882

2 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Wright v. Arcade School DistrictCalifornia Court of Appeal · 1964
  2. Neuber v. Royal Realty Co.California Court of Appeal · 1948
  3. Dull v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899
  4. Langazo v. San Joaquin Light & Power Corp.California Court of Appeal · 1939
  5. Conway v. Monidah TrustMontana Supreme Court · 1913

23 more not listed; retrieve them via the Exa API.

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