Knight

Knight v. Pacific Coast Stage Co.

Good Law
1893 Cal. LEXIS 1106·4 Cal. Unrep. 358·34 P. 868
Supreme Court of CaliforniaDecember 2, 1893No. 19,228California641 words

Opinion

Lead Opinion

Harrison, J.

The plaintiffs were being carried as passengers in one of the coaches of the defendant on the night of *359 December 3'0,1891, from Santa Margarita to San Luis Obispo; and, while going down the slope of the mountain toward the latter place, and about three miles therefrom, the coach was upset and Mrs. Knight sustained serious injuries, for which this action was brought. The jury rendered a verdict in favor of the plaintiffs for the sum of $1,000, and from the judgment entered thereon and an order denying a new trial, the defendants have appealed.

It was shown at the trial that it had rained very hard on the previous night, and that on the night in question the road was muddy and slippery; that after reaching the top of the mountain, and while going down, after turning a certain bend in the road, the horses attached to the coach were frightened by a slide of rocks and earth and ran about one hundred yards before they were got under control, and were then driven along until they were frightened by another slide, after which the driver lost all control of them, and, after running about three-quarters of a mile, the coach was upset. It is contended by the appellant that the evidence…

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