Harnett v. Central Pacific Railroad
California Supreme Court
Appeal from an order of the Superior Court of Solano County granting a new trial. The action was brought to recover damages for personal injuries alleged to have been caused to the plaintiff through the negligence of an employee of the defendant in pushing him from one of its engines. A verdict was rendered in favor of the plaintiff.
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Appeal from an order of the Superior Court of Solano County granting a new trial. The action was brought to recover damages for personal injuries alleged to have been caused to the plaintiff through the negligence of an employee of the defendant in pushing him from one of its engines. A verdict was rendered in favor of the plaintiff. The defendant moved for a new trial, on the grounds, among others, of newly discovered evidence, and insufficiency of the evidence to justify the verdict, and that it is against law. The motion was granted, and from the order granting it the plaintiff appealed.…
1Opinion of the CourtPaterson, J.
Appeal from an order granting a new trial.
The question of fact in the case is, whether the plaintiff, a minor, was forcibly ejected from a switch-engine, *32and through the negligence of defendant’s employees run over and injured, or whether he fell, or of his own volition jumped, from the engine.
The evidence is very conflicting. Following the rule so often referred to and applied, therefore, the order of the court should not be disturbed. It is claimed, however, that the specifications of particulars as to the insufficiency of the evidence to justify the verdict fail to show wherein the…
2Cases cited1 opinion
- Nally v. McDonaldCalifornia Supreme Court · 1888
3Cited by8 opinions
- De Molera v. MartinCalifornia Supreme Court · 1898
- People v. HempleCalifornia Court of Appeal · 1906
- Patten v. HydeMontana Supreme Court · 1899
- Gillies v. Clarke Fork Coal Mining Co.Montana Supreme Court · 1905
- Townsend v. BriggsCalifornia Supreme Court · 1891
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