Legal Opinion
Beard v. Atchison, Topeka & Santa Fe Railway Co.
California Court of Appeal
Decided February 5, 1970No. Civ. 34054PublishedCited by 17 opinions
1Opinion of the Court
Opinion
FLEMING, J.
Action for personal injuries. Plaintiff Alfred Beard, age 14, attempted to board a moving freight train operated by defendant Santa Fe Railway, fell onto the track, and lost both his legs beneath the wheels. In his first count he pleaded the railroad’s negligence; in his second count its violation of the Federal Safety Appliance Act (45 U.S.C. § 11) in maintaining a box car sill step in an unsafe condition. Before trial defendant’s motion for summary judgment was granted on the second count because plaintiff was not a person to whom a cause of action had been given by the…
2Cases cited35 opinions
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
- Rowland v. ChristianCalifornia Supreme Court · 1968
- Dillon v. LeggCalifornia Supreme Court · 1968
- Baltimore & Ohio Railroad v. GoodmanSupreme Court of the United States · 1927
- County of Los Angeles v. FausCalifornia Supreme Court · 1957
30 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Fuller v. State of CaliforniaCalifornia Court of Appeal · 1975
- Mark v. Pacific Gas & Electric Co.California Supreme Court · 1972
- Golden v. ConwayCalifornia Court of Appeal · 1976
- Brennan v. Cockrell Investments, Inc.California Court of Appeal · 1973
- Durham v. City of Los AngelesCalifornia Court of Appeal · 1979
12 more not listed; retrieve them via the Exa API.