Yeomans v. Contra Costa Steam Navigation Co.
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The following is the eighth instruction referred to in the opinion: “ If you believe from the evidence that an explosion of defendants’ boiler took place at their depot on the 27th day of August, 1866, and the said plaintiff, while standing on the platform of defendants, in the depot where passengers usually went, in getting on and off the cars, that the plaintiff while in that…
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The following is the eighth instruction referred to in the opinion: “ If you believe from the evidence that an explosion of defendants’ boiler took place at their depot on the 27th day of August, 1866, and the said plaintiff, while standing on the platform of defendants, in the depot where passengers usually went, in getting on and off the cars, that the plaintiff while in that position, was then intending to take passage on said cars, and about to step into the baggage car, where he had often…
1Opinion of the Court
By the Court, Niles, J.:
The plaintiff recovered a judgment for damages for injuries received from the explosion of a boiler upon a locomotive owned by the defendants.
The appeal is taken from the judgment and from the order overruling defendants’ motion for a new trial.
At the time of the injury the defendants were common carriers of freight and passengers between San Francisco and Petaluma, using steamboats between San Francisco and Rudesel’s Landing, and between the latter and Petaluma a *79small locomotive and train of cars. There was no separate charge for passage; it was all one line and was…
2Cases cited4 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Boyce v. California Stage Co.California Supreme Court · 1864
- Ficken v. JonesCalifornia Supreme Court · 1865
3Cited by19 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Fordyce v. JacksonSupreme Court of Arkansas · 1892
- Perry v. Philadelphia, Baltimore & Washington Railroad Co.Superior Court of Delaware · 1910
- Barker v. Chicago, Peoria & St. Louis Railway Co.Illinois Supreme Court · 1909
- Congrave v. Southern Pacific RailroadCalifornia Supreme Court · 1891
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