Legal Opinion

Davey v. Southern Pacific Co.

California Supreme Court

Decided March 22, 1897No. 15999PublishedCited by 241 opinions

Appeal from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. Charles W. Slack, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtVan Fleet, J.

Appeal by plaintiff from a judgment of nonsuit and an order denying a new trial.

The action was for damages for personal injuries, and the complaint alleged in substance that defendant operated a railroad upon a public highway in Alameda county, known as Stanford street; that there was a culvert or drain crossing said street and extending under the tracks of defendant’s road, which was securely and safely covered with planking and earth; that defendant caused this drain to be opened and excavated to a greater depth and width, and thereafter negligently left it open and unprotected, and in a…

2Cases cited11 opinions

  1. Howland v. Oakland Consolidated Street Railway Co.California Supreme Court · 1895
  2. People v. WallaceCalifornia Supreme Court · 1891
  3. Shanklin v. HallCalifornia Supreme Court · 1893
  4. Chabot v. TuckerCalifornia Supreme Court · 1870
  5. McKay v. RileyCalifornia Supreme Court · 1884

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

3Cited by241 opinions

  1. D'AMICO v. Board of Medical ExaminersCalifornia Supreme Court · 1974
  2. Grimshaw v. Ford Motor Co.California Court of Appeal · 1981
  3. Paterno v. StateCalifornia Court of Appeal · 1999
  4. E. L. White, Inc. v. City of Huntington BeachCalifornia Supreme Court · 1978
  5. People v. MasonCalifornia Supreme Court · 1991

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