Benson v. Central Pacific Railroad

Citations

• 98 Cal. 45
• 32 P. 809
• 1893 Cal. LEXIS 859

Syllabus

<p>Negligence—Peovince of Joey.—Where evidence of negligence consists of circumstances from which inferences may be drawn for or against it, it is the province of the jury to determine whether there is negligence or not.</p> <p>Id. — Speed of Railboad Train.—Fifteen miles per hour is not reckless or dangerous speed for a railroad train between stations outside of cities and towns.</p> <p>Id.—Right to Use of Tbaok—Duty to Pebsons upon Tback.—A railroad company has a right to the use of its track, and may ordinarily presume that no one is upon it to be injured. It owes to persons wrongfully there no duty to look out for them that they may not be injured. Whatever duty it owes such persons arises after, and because they have been discovered there by its servants.</p> <p>Id. — Cabbying Passenger beyond Stations—Breach of Contract—Walking Back upon Tbaok—Proximate Cause of Injury.—The failure of a railroad company to permit a passenger to alight at a station to which the company had contracted to carry such passenger, and its act in directing the passenger to alight at the next station, and walk back to the place of destination, although a violation by the company of its contract for which the passenger is entitled to an action of damages, does not give such passenger the right to walk back over the track to the proper station, and is not the proximate cause of an injury occasioned to the passenger while so walking upon the track.</p> <p>Id.—Injury to Child—Custody of Father—Fright of Child—Liability of Railroad Company__The failure of a railroad company to leave a girl six years of age at the station to which it had agreed to carry her, and its act in carrying her to another station beyond that at which she wished to get off, is not such negligence on the part of the company as to render it liable for an injury occasioned to her while walking back upon the track to the latter station, where it appears that the child was in the custody and control of her father, and when