Smellie v. Southern Pacific Co.

This is an appeal by the plaintiffs from a judgment on a directed verdict in favor of the defendants. The case was originally heard in department. A hearing in bank was ordered. Thereafter an order was entered affirming the judgment. In due course a rehearing was granted in order that further consideration might be given to the effect of the disputable presumption declared by subivision 4 of section. 1963 of the Code of Civil Procedure, viz., “that a person takes ordinary care of his own concerns”, in the light of the particular circumstances of this case. The effect of that presumption was…