Stephenson

Stephenson v. S. Pac. Co.

Good Law
102 Cal. 143·1894 Cal. LEXIS 608·36 P. 407
Supreme Court of CaliforniaMarch 29, 1894No. 19186California2,359 words

Opinion

lead Opinion

Upon a reconsideration of this case, we are satisfied with the opinion therein filed by Department Two of this court on October 10,1893, and for the reasons there stated the judgment and order appealed from will be affirmed.

Judgment and order affirmed.

The following is the opinion above referred to, rendered by Department Two on the 10th of October, 1893:

The Court.—This action was brought to recover damages for personal injuries sustained by the plaintiff, who is respondent here, through the alleged negligence of defendant. Plaintiff had a verdict for eight thousand dollars, for which sum judgment was entered. The appeal is from the judgment, and from an order denying a' new trial.

The Sixth street car line of the Los Angeles City Railway crosses the track of the Southern Pacific Company *145 on San Fernando street in the city of Los Angeles, near the San Fernando depot, and extends to East Los Angeles. The plaintiff, on the twenty-sixth day of December, 1889, was a passenger bound from East Los Angeles on a car of the street-car line, the motive power of whick was a horse. Some sixty feet easterly from the railroad crossing is a switch and sidetrack of the street-car line,…

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