Flemming v. W. Pac. R.R.
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Santa Clara. The defendant, after the plaintiff had rested, moved for a nonsuit, because: First.—The evidence failed to show that the accident happened without any negligence on the part of the plaintiff contributing thereto. Second.—The evidence showed that the negligence of the plaintiff did contribute to the accident.
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Appeal from the District Court, Third Judicial District, County of Santa Clara. The defendant, after the plaintiff had rested, moved for a nonsuit, because: First.—The evidence failed to show that the accident happened without any negligence on the part of the plaintiff contributing thereto. Second.—The evidence showed that the negligence of the plaintiff did contribute to the accident. The Court said that the question of neglect was a question for the jury, and not for the Court. There was sufficient evidence on that point to go to the jury, and the motion was denied. To which ruling the…
1Opinion of the Court
By the Court, Crockett, J.:
The action is for damages-alleged to have been occasioned to the plaintiff’s wagon and team through the negligence of the defendants’ servants and agents. While crossing the defendants’ railroad track, at a regular crossing, the wagon and team were struck by the engine of an approaching train, and three of the horses were killed and the wagon damaged. There was no contradiction in the evidence in chief as to certain prominent facts in the case. It was established by evidence in chief of this character: 1st. That immediately preceding the collision the plaintiff was…
2Cases cited4 opinions
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
- Chicago & Rock Island Railroad v. StillIllinois Supreme Court · 1858
- Dascomb v. Buffalo & State Line Rail RoadNew York Supreme Court · 1858
3Cited by36 opinions
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Fernandes v. Sacramento City Ry.California Supreme Court · 1877
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
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