Robinson v. Western Pacific Railroad
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of San Joaquin. This action "was brought to recover damages, sustained by the plaintiff, Hannah, by the loss of an arm, as stated in the opinion. In the complaint, the damages were laid at. twenty thousand dollars. There was no evidence of the expense of plaintiff’s illness, or as to the amount of time lost by her, or its value to her, or as to her capacity to earn money.
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Appeal from the District Court, Fifth Judicial District, County of San Joaquin. This action "was brought to recover damages, sustained by the plaintiff, Hannah, by the loss of an arm, as stated in the opinion. In the complaint, the damages were laid at. twenty thousand dollars. There was no evidence of the expense of plaintiff’s illness, or as to the amount of time lost by her, or its value to her, or as to her capacity to earn money. The evidence showed that she was engaged in washing. The Court, at the request of the plaintiff, gave the following instructions to the jury: “If the jury…
1Opinion of the Court
By the Court, McKinstry, J.:
The line of the defendant’s road ran through the City of Stockton on Sacramento street—crossing Lafayette street at a right angle. A short distance from the junction of these streets stood p, tank, from which a locomotive-tender had just been supplied with water; the train extending from the tank on Sacramento street to Lafayette, and into the crossing of the two streets. The plaintiff, Hannah, was proceeding along Lafayette street and across Sacramento. • She had reached the track of the railroad, at a distance of from five to ten feet in the rear of the hindmost…
2Cases cited3 opinions
- Hicks v. ColemanCalifornia Supreme Court · 1864
- Terry v. SicklesCalifornia Supreme Court · 1859
- Pico v. StevensCalifornia Supreme Court · 1861
3Cited by90 opinions
- Rush v. LagomarsinoCalifornia Supreme Court · 1925
- Polk v. City of Los AngelesCalifornia Supreme Court · 1945
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Gornstein v. PriverCalifornia Court of Appeal · 1923
- Schneider v. Market Street Railway Co.California Supreme Court · 1901
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