Legal Opinion

Trice v. Southern Pacific Co.

California Supreme Court

Decided December 18, 1916No. Sac. No. 2293PublishedCited by 6 opinions

APPEAL from a judgment of the Superior Court of Stanislaus County, and from an order denying a new trial. L. W. Fulkerth, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHenshaw, J.

Asa Philip McFarling was an experienced brakeman in the employ of the appellant. He met his death while in that employ under circumstances hereinafter to be narrated, and his administrator brought this action to recover damages from the defendant for having through its negligence occasioned his death. The complaint charged that the deceased at the time he met his death was a brakeman on a freight train, which train was composed of a steam locomotive and about twenty railroad cars, some of which were flat-cars and others of which were box-ears; that when this train arrived at Thalheim it…

2Cases cited3 opinions

  1. Norfolk & Western Railroad v. BrownSupreme Court of Virginia · 1895
  2. Vizelich v. Southern Pacific Co.California Supreme Court · 1899
  3. Kevern v. Providence Gold & Silver Mining Co.California Supreme Court · 1886

3Cited by6 opinions

  1. Custodio v. BauerCalifornia Court of Appeal · 1967
  2. County of Alameda v. TieslauCalifornia Court of Appeal · 1919
  3. Youngblood v. City of Los AngelesCalifornia Court of Appeal · 1958
  4. Denman v. City of PasadenaCalifornia Court of Appeal · 1929
  5. Smith v. Southern Pacific Co.California Court of Appeal · 1956

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