Mitchell v. Southern Pacific Railroad
California Supreme Court
Appeal from a judgment of the Superior Court of Monterey County, and from an order denying a new trial. The following instructions were given by the superior court upon the subject of the burden of proof, and of the right of plaintiff to be upon the platform of the railroad car: “ The court instructs you that the burden of proving negligence rests on the party alleging it; and where a person charges negligence on the part of another as a cause of action, he must prove the…
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Appeal from a judgment of the Superior Court of Monterey County, and from an order denying a new trial. The following instructions were given by the superior court upon the subject of the burden of proof, and of the right of plaintiff to be upon the platform of the railroad car: “ The court instructs you that the burden of proving negligence rests on the party alleging it; and where a person charges negligence on the part of another as a cause of action, he must prove the negligence by a preponderance of evidence. In this case, the plaintiff claims he was injured through the negligence of…
1Opinion of the CourtPaterson, J.
This is an action to recover damages for personal injuries sustained by plaintiff while traveling as a passenger on one of defendant’s trains.
Appellant contends that the judgment and order should be reversed, because plaintiff failed to show negligence in the management of the train, or any defect in the defendant’s railroad track.
It is doubtless true, as claimed by appellant, that in cases of this character the burden of proof is upon the plaintiff to establish negligence on the part of the defendant, and that the mere fact that a passenger was injured while on his journey is not sufficient…
2Cases cited4 opinions
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Boyce v. California Stage Co.California Supreme Court · 1864
- Buel v. . New York Central R.R. Co.New York Court of Appeals · 1865
- Lawrence v. GreenCalifornia Supreme Court · 1886
3Cited by14 opinions
- Kline v. Santa Barbara Etc. Ry. Co.California Supreme Court · 1907
- Bonneau v. North Shore R.R. Co.California Supreme Court · 1907
- Roberts v. Sierra Railway Co.California Court of Appeal · 1910
- Lawrence v. Pickwick Stages, Northern Division, Inc.California Court of Appeal · 1924
- Knuckey v. Butte Electric Railway Co.Montana Supreme Court · 1910
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