Barrett v. Southern Pacific Co.
California Supreme Court
Appeal from a judgment of the Superior Court of Orange County, and from an order denying a new trial. The evidence showed that the family of the plaintiff’s mother consisted only of herself and her children, and that she had been accustomed to send the plaintiff out to gather coal around the round-house and turn-table of the defendant, though he was not ordered to gather coal on the day of the injury, but had been directed to wait for her at a grocery-store on the corner of…
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Appeal from a judgment of the Superior Court of Orange County, and from an order denying a new trial. The evidence showed that the family of the plaintiff’s mother consisted only of herself and her children, and that she had been accustomed to send the plaintiff out to gather coal around the round-house and turn-table of the defendant, though he was not ordered to gather coal on the day of the injury, but had been directed to wait for her at a grocery-store on the corner of the street opposite the turn-table. The second instruction, referred to in the opinion of the court, related to alleged…
1Opinion of the CourtDe Haven, J.
This is an action to recover damages for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The plaintiff recovered a judgment for eight thousand five hundred dollars, and from this judgment, and an order denying its motion for a new trial, the defendant appeals.
It was shown upon the trial that defendant maintained a railroad turn-table upon its own premises in the town of Santa Ana. This table was about 150 yards from defendant’s depot, and near its engine-house, and distant seventy-two feet from a public street. It was provided with a latch…
2Cases cited8 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Powers v. HarlowMichigan Supreme Court · 1884
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Kansas Central Railway Co. v. FitzsimmonsSupreme Court of Kansas · 1879
- Pastene v. AdamsCalifornia Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Peters v. BowmanCalifornia Supreme Court · 1896
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Merrill v. Los Angeles Gas Elec. Co.California Supreme Court · 1910
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Pierce v. United Gas and Electric Co.California Supreme Court · 1911
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