Deville v. Southern Pacific Railroad
JEAN PIERRE DEVILLE v. THE SOUTHERN PACIFIC RAILROAD COMPANY
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court:
The act of the plaintiff in leaving his team unhitched, in close proximity to the track of the railroad, at a time when the train usually came, was negligence on his part in the first instance. When he subsequently, upon the arrival of the train, and" when the team was upon the track, attempted their rescue, he was guilty of additional negligence, which proximately contributed to the misfortune which he suffered.
We think the motion for the nonsuit should have been granted.
Judgment and order denying a new trial reversed, and cause remanded.
Cited by
- Henshaw v. Belyea Docket No. L.A. 14406. · 1934-03-30
- In Re Estate of Prager L.A. No. 3502. · 1913-12-03
- Van Praag v. Gale No. 15851 · 1895-06-06
- Fernandes v. Sacramento City Ry. No. 5297 · 1877-07-01