Walker v. Beaumont Land & Water Co.
California Court of Appeal
APPEAL from an order of the Superior Court of Riverside County granting a new trial. F. E. Densmore, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtAllen, P. J.
The action was one by a passenger for damages on account of personal injuries alleged to have been occasioned through the negligence of a common carrier. Upon the trial a verdict resulted in plaintiffs’ favor, and the trial court, upon a motion duly made, set aside such verdict and granted a new trial, from which order plaintiffs appeal.
The presumption of negligence which attaches when a passenger is injured through the use of instrumentalities employed by the carrier and under his care, requires the defendant to prove that the injury was without negligence on defendant’s part, and that the…
2Cases cited2 opinions
- Bates v. HowardCalifornia Supreme Court · 1894
- Kline v. Santa Barbara Etc. Ry. Co.California Supreme Court · 1907
3Cited by1 opinion
- Wright v. Salzberger & SonCalifornia Court of Appeal · 1923