Duekee v. Central Pacific R.R.
California Supreme Court
Appeal from a judgment of the Superior Court of Alameda County, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtMyrick, J.
Action for damages for injuries received by the plaintiff in being run over by a locomotive of the defendant. There was no question as to the plaintiff having been injured. The only questions were as to negligence of the engineer of the defendant, and as to contributory negligence on the part of the father of the plaintiff, the plaintiff being at the time of the injury an infant of the age of about four and a half years.
The train of cars had halted, as usual, at a station (being on time), and the engineer received from the conductor the usual signal to start. Immediately in front of the…
2Cases cited1 opinion
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
3Cited by18 opinions
- Showalter v. Western Pacific RailroadCalifornia Supreme Court · 1940
- Louisville, New Albany & Chicago Railway Co. v. BuckIndiana Supreme Court · 1889
- Willard v. Valley Gas & Fuel Co.California Supreme Court · 1915
- Ohio & Mississippi Railway Co. v. SteinIndiana Supreme Court · 1892
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
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