McNamara v. North Pacific Railroad

California Supreme Court

McNamara v. North Pacific Railroad

50 Cal. 581

CourtCalifornia Supreme Court

DecidedJuly 1, 1875

DocketNo. 4415

StatusPublished

This text of 50 Cal. 581 (McNamara v. North 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

McNamara v. North Pacific Railroad, 50 Cal. 581 (Cal. 1875).

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Opinion

By the Court:

The presence or absence of negligence on the part of defendant and of contributory negligence on the part of plaintiff, were questions of fact to be passed on by the jury in view of all the circumstances proved.

These questions were practically taken from the jury by the instructions of the court, and we must, therefore, reverse the order denying a new trial. (Perry v. S. P. R. R. Co., ante, p. 578.)

Judgment and order reversed, and cause remanded.

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By the Court:

The presence or absence of negligence on the part of defendant and of contributory negligence on the part of plaintiff, were questions of fact to be passed on by the jury in view of all the circumstances proved.

These questions were practically taken from the jury by the instructions of the court, and we must, therefore, reverse the order denying a new trial. (Perry v. S. P. R. R. Co., ante, p. 578.)

Judgment and order reversed, and cause remanded.

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Bluebook (online)

50 Cal. 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcnamara-v-north-pacific-railroad-cal-1875.