Smithson v. Atchison Etc. Ry. Co.
California Supreme Court
APPEAL from a judgment of the Superior Court of Stanislaus County, and from an order denying a new trial. L. M. Fulkerth, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
This action was brought by Warren Smithson, a minor, by his guardian ad litem, to recover damages from defendant for injuries sustained by plaintiff while in its employ. Plaintiff at the time of the action was seventeen years of age, well, active, and in possession of all his faculties. He was employed by defendant at its roundhouse at Ei ver bank, California, in the capacity of night-hostler helper; that is to say, his employment was in the night-time, and he was the assistant or helper of a hostler, whose duty it was to take engines which had finished their work, run them into the…
2Cases cited21 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
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3Cited by12 opinions
- Tipton v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1936
- Chesapeake & Ohio Railway Co. v. StapletonSupreme Court of the United States · 1929
- Haskins v. Southern Pacific Co.California Court of Appeal · 1934
- Lande v. Southern California Freight LinesCalifornia Court of Appeal · 1948
- Hoogbruin v. Atchison, Topeka & Santa Fe Railway Co.California Supreme Court · 1931
7 more not listed; retrieve them via the Exa API.