Algier v. Steamer Maria
California Supreme Court
Appeal from the Tenth District. Action of damages against defendant for negligence, by which sparks of fire escaped from the chimney of the steamer while she was navigating Feather Biver, and burned up one mile of plaintiff’s fence along the bank of the river.
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Appeal from the Tenth District. Action of damages against defendant for negligence, by which sparks of fire escaped from the chimney of the steamer while she was navigating Feather Biver, and burned up one mile of plaintiff’s fence along the bank of the river. On the trial a jury from the regular panel being called, defendant objected to the panel, on the ground that they had just passed upon a similar case between the same plaintiff and others against the same defendant, for burning the grain of plaintiffs on the same day the fence was burned, and that they were not fair and impartial, but…
1Opinion of the CourtBaldwin, J.
Several points are made by the Appellant.
1. The first is, that a jury having tried a case involving the liability of the defendant for a similar cause of action depending upon the same general considerations, were incompetent to sit in this case against the objection of the defendant. The more specific grounds of objection to the panel were, that the defendant had been sued for negligence in several cases, the consequence of which negligence, as alleged, was the setting on fire and burning property, on or near the banks of the river, navigated by defendant.
We do not see how the Court could…
2Cited by5 opinions
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