Legal Opinion

Smith v. Southern Pacific Co.

California Court of Appeal

Decided January 13, 1956No. Civ. 16501PublishedCited by 7 opinions

1Opinion of the CourtBray, J.

In an action for damages for personal injuries, brought under the provisions of the Federal Employers’ Liability Act, 1 plaintiff appeals from a judgment entered after a verdict in favor of defendant.

Questions Presented

Alleged errors: (1) Instructing with reference to choice of ways to work. (2) Use of “look out for his own safety” in an instruction. (3) Use of “more than a mere condition or remote cause” in an instruction.

Facts

As plaintiff does not question the sufficiency of the evidence to support the verdict in defendant’s favor, a bare outline of the facts is sufficient.

Plaintiff, who…

2Cases cited22 opinions

  1. Wilkerson v. McCarthySupreme Court of the United States · 1949
  2. Ellis v. Union Pacific RailroadSupreme Court of the United States · 1947
  3. Carter v. Atlanta & St. Andrews Bay Railway Co.Supreme Court of the United States · 1950
  4. Union Pacific Railroad v. HadleySupreme Court of the United States · 1918
  5. Barham v. WidingCalifornia Supreme Court · 1930

17 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Rupp v. SummerfieldCalifornia Court of Appeal · 1958
  2. Mason v. CaseCalifornia Court of Appeal · 1963
  3. Mangrum v. Union Pacific RailroadCalifornia Court of Appeal · 1964
  4. Lerner v. GlickfeldCalifornia Court of Appeal · 1960
  5. Baez v. Southern Pacific Co.California Court of Appeal · 1962

2 more not listed; retrieve them via the Exa API.

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