Fisher v. Southern Pacific Railroad
California Supreme Court
Appeal from a judgment of the Superior Court of Stanislaus County, and. from an order denying a new trial. Upon the trial of the case there was a conflict between the medical witnesses as to the extent and permanency of the plaintiff’s injury. It appeared in evidence that the jolt of the cars threw the plaintiff from his seat against the stove near which he was sitting, and he then fell backward.
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Appeal from a judgment of the Superior Court of Stanislaus County, and. from an order denying a new trial. Upon the trial of the case there was a conflict between the medical witnesses as to the extent and permanency of the plaintiff’s injury. It appeared in evidence that the jolt of the cars threw the plaintiff from his seat against the stove near which he was sitting, and he then fell backward. He claimed to have suffered a rupture, and also an injury to the chest and spine, as the result. One physician, who testified for the plaintiff, was of the opinion that there was a permanent spinal…
1Opinion of the Court
Temple, C.—
Appeal from judgment and order denying defendant’s motion for a new trial.
Action for damages through alleged negligence of defendant, a common carrier of passengers for hire.
On the 29th of August, 1889, defendant was operating a railroad between Oakdale, in the county of Stanislaus, and Stockton. On that day plaintiff purchased a ticket at the office in Oakdale, and immediately boarded the train for Stockton. The train was composed of one empty box-car, eight empty gravel-cars, two loaded boxcars, and a passenger-car. It was a regular train, principally for freight, but habitually…
2Cases cited4 opinions
- City of Ripon v. BittelWisconsin Supreme Court · 1872
- Pinney v. CahillMichigan Supreme Court · 1882
- Connecticut Mutual Life Insurance v. EllisIllinois Supreme Court · 1878
- Brodhead v. WiltseSupreme Court of Iowa · 1872
3Cited by14 opinions
- Byers v. RailroadTennessee Supreme Court · 1895
- Gluckstein v. LipsettCalifornia Court of Appeal · 1949
- Scullin v. ViningSupreme Court of Arkansas · 1917
- Osborn v. CaryIdaho Supreme Court · 1915
- Gregg v. Manufacturers Building Corp.California Court of Appeal · 1933
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