Deville v. Southern Pacific Railroad

California Supreme Court

Deville v. Southern Pacific Railroad

50 Cal. 383

CourtCalifornia Supreme Court

DecidedJuly 1, 1875

DocketNo. 3798

StatusPublished

Cited by12 cases

This text of 50 Cal. 383 (Deville v. Southern Pacific Railroad) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Deville v. Southern Pacific Railroad, 50 Cal. 383 (Cal. 1875).

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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.

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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.

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Bluebook (online)

50 Cal. 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deville-v-southern-pacific-railroad-cal-1875.

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