Trask v. California Southern Railroad
California Supreme Court
Appeal from a judgment of the Superior Court of the county of San Diego, and from an order refusing a new trial. The injury resulted from au accident to a construction train on which the plaintiff was riding.
1Per curiam
The demurrer to the complaint was properly overruled.
The point is made that the evidence shows that the plaintiff was injured by the negligence of the defendant’s engineer, and that as he was engaged in the same general business with such engineer, he assumes, in taking employment, such a risk, and should not be allowed to recover. But the court finds that the injury was caused by the unskillfull, improper, and negligent manner in which the defendant constructed its road.
Conceding that the point urged, as to the relation of the plaint*97iff and the engineer is correct, it has no application to…
2Cited by7 opinions
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Evansville & Richmond Railroad v. MadduxIndiana Supreme Court · 1893
- Magee v. North Pacific Coast RailroadCalifornia Supreme Court · 1889
- Cunningham v. Union Pacific Railway Co.Utah Supreme Court · 1885
- Bowers v. Union Pacific RailroadUtah Supreme Court · 1885
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