McDonald v. S. Cal. Ry.
California Supreme Court
Appeal from a judgment of the Superior Court of San Bernardino County, and from an order denying a new trial. The facts are stated in the opinion. The admission, in one of the defenses, of the corporate character of the defendant, did not constitute an admission justifying the finding of its corporate capacity.
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Appeal from a judgment of the Superior Court of San Bernardino County, and from an order denying a new trial. The facts are stated in the opinion. The admission, in one of the defenses, of the corporate character of the defendant, did not constitute an admission justifying the finding of its corporate capacity. (Buhne v. Corbett, 43 Cal. 264; Billings v. Drew, 52 Cal. 565.) In order to hold the defendant liable in this action, it must be shown to have had notice that the bridge was an improper bridge, together with a request to abate the same. (Grigsby v. Clear Lake Water (7o., 40 Cal. 407;…
1Opinion of the Court
Temple, C.—
This is an appeal by the defendant from the judgment and order refusing a new trial.
Practically the complaint and the amendments thereto contain four counts. The first charges that defendant is a corporation owning and operating a railroad in this state, and for the use of its railroad in December, 1889, erected a trestle bridge over Lytle creek in the county ef San Bernardino, and in constructing the same failed to use due and ordinary care in providing for the passage of water, debris, and flood-wood under the same in time of flood, that on the twenty-third day of December, 1889,…
2Cases cited5 opinions
- Buhne v. CorbettCalifornia Supreme Court · 1872
- Bell v. BrownCalifornia Supreme Court · 1863
- Billings v. DrewCalifornia Supreme Court · 1878
- McCarty v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Radke v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1889
3Cited by15 opinions
- Banta v. SillerCalifornia Supreme Court · 1898
- De Baker v. Southern California RailwayCalifornia Supreme Court · 1895
- South Shore Land Co. v. PetersenCalifornia Court of Appeal · 1964
- Sweeney v. Montana Central Railway Co.Montana Supreme Court · 1901
- Esparza v. Kaweah Delta District HospitalCalifornia Court of Appeal · 2016
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