Conlin v. San Francisco & San Jose Railroad

By the Court, Crockett, J.:

There is but one question presented for our consideration on this appeal, to wit: whether or not the Court erred in refusing three instructions to the jury requested by the defendant. The plaintiff insists that the instructions were properly refused, if for no other reason, because they were not pertinent to any issue raised by the pleadings. It becomes necessary, therefore, to ascertain with precision what the issues were.

*407The complaint avers that the defendant is a corporation, and is the owner of a railroad, with the cars, engines, and other appurtenances…