Shea v. Potrero & Bay View Railroad
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The defendant was a corporation, and owned a railroad known as the Potrero and Bay View' Bailroad, which for a considerable distance passed along Kentucky street. It was excavating a deep cut for its track in Kentucky street.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The defendant was a corporation, and owned a railroad known as the Potrero and Bay View' Bailroad, which for a considerable distance passed along Kentucky street. It was excavating a deep cut for its track in Kentucky street. The grade had an ascent leading along the street into this cut, and when the cars were loaded with dirt they were propelled by their own weight down this grade, along the street to where the dirt was dumped. The plaintiff", about ten o’clock at night," on the 10th of April,…
1Opinion of the Court
By the Court, Bhodes, J.:
Many rulings of the Court in the admission or exclusion . of evidence are specified by the defendant in the statement on new trial; but we are of the opinion that they are not erroneous.
The defendant objects to the fifth instruction, given to the jury at the request of the plaintiff. The jury were informed by that instruction, that while the defendant has the right to run its cars upon a public street, where the public have an equal right to travel, and where it is presumed they will *427travel, it “must exercise such care and precaution for the purpose of avoiding…
2Cited by38 opinions
- City of Delphi v. LoweryIndiana Supreme Court · 1881
- Scott v. San Bernardino Valley Traction Co.California Supreme Court · 1908
- Driscoll v. Market Street Cable RailwayCalifornia Supreme Court · 1893
- O'Connor v. United R.R. of S.F.California Supreme Court · 1914
- Shea v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
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