Meeks v. Southern Pacific Railroad
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Eighteenth District Court, San Bernardino County. McNealt, J. A petition for rehearing in Bank was filed in this case, after the decision, and denied. The greater part of the argument of counsel turned upon questions of fact, and is omitted.
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Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Eighteenth District Court, San Bernardino County. McNealt, J. A petition for rehearing in Bank was filed in this case, after the decision, and denied. The greater part of the argument of counsel turned upon questions of fact, and is omitted. The Court, upon the motion of plaintiff, gave the following instruction, the fifth paragraph being the portion of the instruction referred to in the argument of appellant’s attorneys: One of the questions submitted to you is, whether the injuries of plaintiff were…
1Opinion of the Court
Ross, J.:
At the time of the injury for which this action was brought, the plaintiff, an infant of between six and seven years of age, was residing with his parents near the railroad of the defendant, and but a short distance from where a public highway crossed the railroad track. There is testimony in the record tending to show that shortly before the accident the plaintiff was at play in the yard of his parents with another boy about nine years old, the son of a Mrs. Poole. That this lady and the *517plaintiff’s mother were in the house, when Mrs. Poole sent her son to hitch a horse—it being…
2Cases cited3 opinions
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Needham v. San Francisco & San José R.R.California Supreme Court · 1869
- Meeks v. S. Pac. R. R. Co.California Supreme Court · 1878
3Cited by41 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Brandelius v. City & County of San FranciscoCalifornia Supreme Court · 1957
- Harrington v. Los Angeles Railway Co.California Supreme Court · 1903
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
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