Fallon

Fallon v. United Railroads

Good Law
1915 Cal. App. LEXIS 322·28 Cal. App. 60·151 P. 290
Court of Appeal of CaliforniaJuly 7, 1915Civ. No. 1617.California2,172 words

Opinion

Lead Opinion

Kerrigan, J.

This action was brought to recover damages for personal injuries sustained by the plaintiff through the alleged negligence of the three defendants. The trial court sustained the defendants’ several demurrers to the complaint as amended, and this appeal is from the judgment rendered in favor of each of the defendants upon plaintiff’s refusal to further amend.

As we will have occasion during the course of this opinion to refer to various allegations of the complaint in their bearing respectively upon the alleged liability of the several defendants, a summary of the allegations of the complaint at this time will save repetition.

From the complaint it appears that the plaintiff was employed by the Pacific Gas & Electric Company as a laborer, and that at the time of the injuries complained of he was engaged with other workmen in excavating a trench at the intersection of McAllister and Larkin streets in San Francisco. While he was in the trench a two-horse wagon, owned by the respondent Prager Company, Inc., approached said intersection. At the time of the approach of the team of the defendants, the United Railroads of San Francisco was operating an electric welding machine near the…

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