Herbert v. Southern Pacific Co.
California Supreme Court
APPEAL from a judgment of the Superior Court of Placer ■County and from an order denying a new trial. J. E. Prewett, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtTemple, J.
Action for damages for personal injuries resulting from a collision with a westbound train of defendant at a private crossing about one-half mile west of Penryn. Plaintiff' *229recovered a verdict for five thousand dollars. The appeal is from the judgment and from a refusal of a new trial.
It is contended on this appeal that upon plaintiff’s own testimony, and conceding to him all disputed points in the evidence, and also that defendant was guilty of such negligence that it would be liable if plaintiff were not also in fault, it must be held as matter of law that plaintiff was guilty of such…
2Cases cited6 opinions
- Mann v. Belt Railroad & Stock Yard Co.Indiana Supreme Court · 1891
- McKune v. Santa Clara Valley Mill & Lumber Co.California Supreme Court · 1895
- Fernandes v. Sacramento City Ry.California Supreme Court · 1877
- Esrey v. Southern Pacific Co.California Supreme Court · 1894
- House v. MeyerCalifornia Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by139 opinions
- Zibbell v. Southern Pacific Co.California Supreme Court · 1911
- Brandelius v. City & County of San FranciscoCalifornia Supreme Court · 1957
- Thompson v. Los Angeles & San Diego Beach Railway Co.California Supreme Court · 1913
- Harrington v. Los Angeles Railway Co.California Supreme Court · 1903
- Great Western Power Co. v. PillsburyCalifornia Supreme Court · 1915
134 more not listed; retrieve them via the Exa API.