Falls

Falls v. San Francisco & North Pacific Railroad

Good Law
1893 Cal. LEXIS 495·97 Cal. 114·31 P. 901
Supreme Court of CaliforniaJanuary 5, 1893No. 14110California1,848 words

Opinion

Lead Opinion

Paterson, J.

This is an action to recover damages for personal injuries received by plaintiff upon the defendant’s platform at Reed’s Station, Marin County. The jury returned a verdict in favor of plaintiff for the sum of seven thousand five hundred dollars, and judgment was entered accordingly. Defendant appealed from the judgment, and from an order denying its motion for a new trial.

The plaintiff testified that on the nineteenth day of May, 1888, she went from San Francisco to Reed’s Station to attend a Sunday-school picnic. She returned to the station about 4 o’clock in the afternoon, and sat on the side of the platform until the train came along on its way from San Rafael to Tiburón. While waiting for the train, about one hundred people who attended the picnic were passing up and down the platform and sitting along on the ties. As the train approached, she arose, and while passing along the platform to reach the rear end of a car which she intended to board, she tripped against something and fell. As she fell she noticed that the obstacles were milk-cans fastened together. Upon attempting to rise, she found it impossible to do so, and subsequently discovered that she had sustained a…

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