Huston v. Twin & City Creek Turn Pike Road Co.
California Supreme Court
Appeal from the District Court of the Seventeenth Judicial District, County of San Bernardino. The defendant, incorporated under the name of the Twin and City Creek Turnpike Company, constructed a turnpike toll road in San Bernardino County, from the residence of Ballard Wall, south of Twin Creek, up the dividing ridge between Twin Creek and City Creek to the top of the mountain near Bear Springs.
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Appeal from the District Court of the Seventeenth Judicial District, County of San Bernardino. The defendant, incorporated under the name of the Twin and City Creek Turnpike Company, constructed a turnpike toll road in San Bernardino County, from the residence of Ballard Wall, south of Twin Creek, up the dividing ridge between Twin Creek and City Creek to the top of the mountain near Bear Springs. On the 15th of January, 1871, the plaintiff, while engaged in filling a contract for the delivery of lumber, made with the City of San Bernardino and the Southern California Colony Association, sent…
1Opinion of the Court
By the Court, Niles, J.:
It sufficiently appears from the evidence that the injuries complainfed of were caused by the culpable negligence of the defendant in either the construction or maintenance of its road, and that there was no lack of due care upon the part of the drivers in the driving and management of the plaintiffs oxen at the time that the slide which occasioned the damage occurred. Upon the question whether the defect in the road was evidently of such a character that a prudent man in the exercise of ordinary care would not have attempted to pass over it, the testimony was substan*553ti…
2Cases cited1 opinion
- Higgins v. WortellCalifornia Supreme Court · 1861
3Cited by4 opinions
- Rosado v. Ponce Railway & Light Co.Supreme Court of Puerto Rico · 1914
- Conway v. ClintonUtah Supreme Court · 1875
- Johnson v. VanceCalifornia Supreme Court · 1890
- Rosado v. Ponce Railway & Light Co.Supreme Court of Puerto Rico · 1914