Taylor v. Cal. Stage Co.
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The plaintiff brought his action for $20,000 damages for the breaking of plaintiff’s legs caused by the overturning of one of defendants’ stages, in which plaintiff was a passenger, by the careless and negligent conduct of the driver employed by the defendants.
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Appeal from the Superior Court of the City of San Francisco. The plaintiff brought his action for $20,000 damages for the breaking of plaintiff’s legs caused by the overturning of one of defendants’ stages, in which plaintiff was a passenger, by the careless and negligent conduct of the driver employed by the defendants. The jury, on the trial in the Court below, found a verdict for the plaintiff for $5,000. The defendants moved for a new trial on the grounds stated in the opinion of the Court, which was denied by the Court below, and defendant appealed. In support of the grounds of surprise…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
The grounds relied on in the Court below for a new trial, were, first, surprise; second, newly discovered evidence; third, misconduct of the jury; and, fourth, excessive damages.
On the trial, one Rossiter was called as a witness for the plaintiff. On his cross-examination, he was asked if he had not, on a former occa^ sion, stated to one Benton that the accident was not caused by the fault of the driver, and if the plaintiff had not had his leg on the outside of the coach at the time it was upset,…
2Cited by12 opinions
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