Lininger

Lininger v. Botsford

Caution
1916 Cal. App. LEXIS 252·32 Cal. App. 386·163 P. 63
Court of Appeal of CaliforniaDecember 26, 1916Civ. No. 1839.California2,092 words

Opinion

Lead Opinion

Kerrigan, J.

This action was brought by plaintiff against the defendants as stockholders in the San Francisco, Vallejo, and Napa Valley Eailroad (hereinafter referred to as the Napa Valley company), for damages for personal injuries sustained by her in a collision between one of the ears of said company and the automobile in which she was riding.

The defendants demurred to the third amended complaint and moved to strike out certain parts thereof. The demurrer was sustained and the motion granted, and upon the refusal of plaintiff to further amend her complaint, judgment was entered for defendants* from which judgment plaintiff prosecutes this appeal.

The questions involved in the appeal are as follows: (1) Whether or not a stockholder’s statutory liability extends to the payment of damages for personal injuries; (2) If so, does such liability survive? And (3) In such an action can the stockholders of a corporation be held directly liable on stock in such corporation held by another corporation virtually all of whose capital stock in turn is held and owned by the former company.

At the outset we desire to say that in the solution of these questions we have been afforded little or no…

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