McCoy v. California Pacific Railroad
California Supreme Court
Appeal from the District Court of the Seventh District, County of Solano. ’Action for damages brought by plaintiff, to recover the value of certain horses and mules alleged to have been killed by the cars of the defendant, while passing along their unfenced railroad track running through a field occupied by plaintiff.
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Appeal from the District Court of the Seventh District, County of Solano. ’Action for damages brought by plaintiff, to recover the value of certain horses and mules alleged to have been killed by the cars of the defendant, while passing along their unfenced railroad track running through a field occupied by plaintiff. Plaintiff proved ownership of the stock, and their value to be three hundred and ninety dollars; that they were killed by defendant’s cars, on the railroad track in plaintiff’s field, and that said railroad was unfenced. Defendant moved for a nonsuit, and the Court denied the…
1Opinion of the Court
Wallace, J.,
delivered tbe opinion of tbe Court, Bhodes, C. J., and Cbookett, J., concurring :
—The instructions given were permitted to pass without objection below, and therefore will not be loobed into here.
The'motion for a nonsuit was correctly denied. Tbe line *535of tbe road was not fenced where it passed through the field occupied by the plaintiff ; the live stock of the latter running in this field strayed on to the road and were killed by the train ; these ’facts unexplained made a prima facie case of negligence against the defendant.
Nor was the plaintiff guilty of contributory negligence…
2Cited by10 opinions
- Johnson v. B. & O. R. R.West Virginia Supreme Court · 1885
- Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884
- St. Louis S. F. R. Co. v. SteeleSupreme Court of Oklahoma · 1913
- Wilder v. Maine Central RailroadSupreme Judicial Court of Maine · 1876
- Missouri Pacific Railway Co. v. BradshawSupreme Court of Kansas · 1885
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