Legal Opinion

Largan v. Central Railroad

California Supreme Court

Decided October 15, 1870No. 2,296PublishedCited by 3 opinions

Appeal from tbe District Court of tbe Fourth District, City and County of San Francisco. Defendant is a railroad corporation, and tbe complaint alleges tbat, on tbe 21st day of May, 1868, tbe defendant by its servants, workmen or agents, was running and propelling a car on its road along Turk street near Larkin street in tbe city of San Francisco; and tbat tbe defendant by its servants, workmen and agents, or some one of them, then and there so carelessly and negligently…

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Appeal from tbe District Court of tbe Fourth District, City and County of San Francisco. Defendant is a railroad corporation, and tbe complaint alleges tbat, on tbe 21st day of May, 1868, tbe defendant by its servants, workmen or agents, was running and propelling a car on its road along Turk street near Larkin street in tbe city of San Francisco; and tbat tbe defendant by its servants, workmen and agents, or some one of them, then and there so carelessly and negligently conducted, managed and propelled tbeir said car, tbat tbe car with tbe borses attached thereto, ran against, knocked down…

1Opinion of the CourtCeockett, J.

This is an action for damages for the alleged negligence of the defendant, resulting in the death of the plaintiff’s son, a child seven years old. The cause was tried before a jury, which returned a verdict for the defendant; and we discover nothing in the record which would justify us in disturbing the verdict. The only ruling of the Court on the trial which is complained of was in respect to the exclusion of certain testimony by the witness, McMahon.. The plaintiff proposed to ask this witness whether it was not the daily practice of the defendant’s cars to run along without a driver, and…

2Cited by3 opinions

  1. Martin v. Des Moines Edison Light Co.Supreme Court of Iowa · 1906
  2. Craven v. Central Pacific RailroadCalifornia Supreme Court · 1887
  3. Sever v. Minneapolis & St. Louis Ry. Co.Supreme Court of Iowa · 1912

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