Williams v. Southern Pacific Railroad

This is an action to recover damages for an injury received by the plaintiff from defendant’s railroad ears. *615 Plaintiff had judgment for fifteen thousand dollars, from which judgment, and from an order denying a motion for new trial, defendant appeals.

The material averments of the complaint are that defendant is a corporation, the owner and manager of a certain railroad extending southerly from the town of Castroville, in the county of Monterey, to the city of Salinas, in the same county, and of the rolling stock on such road; that on the twenty-third day of July, 1882, the defendant was running a train, composed of a locomotive engine and cars, on said road; and that, through the negligence, carelessness and fault of the defendant in running and operating such train, the same struck and ran over the plaintiff, the wheels thereof passing over and crushing the right foot of plaintiff, so that it had to be, and was on the same day, amputated above the ankle-joint. The answer denies all negligence, carelessness or fault by or on the part of defendant, and avers that whatever injuries or damages were received, suffered or sustained by said plaintiff were in consequence solely of…