Redfield

Redfield v. Oakland Consolidated Street Railway Co.

Good Law
112 Cal. 220·1896 Cal. LEXIS 669·43 P. 1117
Supreme Court of CaliforniaApril 1, 1896S. F. No. 106California2,692 words

Opinion

Lead Opinion

Haynes, J.

Upon the trial of this cause the plaintiff had judgment, and the defendant appeals therefrom and from an order denying its motion for a new trial. The action was brought by the plaintiff, the husband of Adeline B. Redfield, to recover for the loss of the services *223 of his wife from May 6 to June 29, 1893, and for necessary medical and surgical attendance during said period, resulting from an injury to the wife alleged to have been caused by the negligence of the defendant. The jury returned a verdict for seventeen hundred dollars, and judgment was entered for that sum. The errors relied upon by appellant relate to the admission and exclusion of evidence, and the refusal of the court to give to the jury an instruction requested by the defendant. A brief statement of facts is necessary.

The plaintiff and his "wife had two children. The wife and children visited Mountain View Cemetery on May 6, 1893, and took one of defendant’s cars to return to the city of Oakland. The road upon which this car ran was a branch of defendant’s main line, and the cars thereon were operated by one man, and had been for about a year, the electric motor being on the front platform, where there "was…

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