Murphey

Murphey v. Southern Pacific Company

Good Law
1905 Cal. App. LEXIS 264·2 Cal. App. 275·83 P. 299
Court of Appeal of CaliforniaNovember 25, 1905Civ. No. 99.California723 words

Opinion

lead Opinion

Allen, J.

Action for damages on account of alleged negligence. Judgment for plaintiff, from which and a motion denying a new trial, defendant appeals.

The record discloses the situation of affairs at the time of the accident to be substantially as follows: Alameda street, one of the streets in the city of Los Angeles, runs north and south. Upon this street defendant maintains a double line of railroad track upon which all of its southern traffic, including switch engines, is operated. Trains going south run on the western track. Upon the east side of Alameda street, near First, the company has a ticket office, the agent at which station left the same at 6:15 P. M. on the day mentioned, and before the accident. No lights were provided at the station after such hour other than a coal-oil lamp within the station-room. No platform or other convenience was provided at the station upon which passengers might alight, but the passengers alighted upon the surface of the street, usually upon either side of the train as best suited their convenience. On December 5, 1902, plaintiff was a passenger on a train going south, which was stopped at the station above named after notice to passengers that it…

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