Yaeger

Yaeger v. Southern California Railway Co.

Good Law
1897 Cal. LEXIS 959·5 Cal. Unrep. 870·51 P. 190
Supreme Court of CaliforniaDecember 9, 1897L. A. No. 240California4,014 words

Opinion

Lead Opinion

Chipman, J.

Action for damages alleged to have resulted from a collision on defendant’s railroad at the station of Orange. The cause was tried by a jury, and defendant had the verdict. Plaintiff appeals from the order denying motion for a new trial, and on a statement of the case. The complaint alleges that, while plaintiff was a passenger on the car of defendant, a collision occurred at said station, ‘ ‘ caused by the negligence of the defendant and its servants; that plaintiff was, through the shock of said collision, thrown against a partition and seat in said car with great force and violence,” and, by reason thereof, “was greatly bruised in his body and limbs. ’ ’ As the results of the shock, it is alleged that plaintiff suffered the fracture of a rib, and that his health and strength were permanently impaired. Defendant denies the alleged negligence, and denies that plaintiff was injured in any degree. The evidence is sufficient to support the verdict upon the issues of fact, to wit, whether plaintiff was injured at all, and whether defendant was guilty of any negligence. The questions raised mainly relate to errors of law in excluding or admitting evidence, and in giving or refusing…

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