Bland v. Southern Pacific Railroad

Citations

• 65 Cal. 626
• 4 P. 672
• 1884 Cal. LEXIS 657

Syllabus

<p>Bailboad—Expulsion of Passenseb fboh Cab—Personal Injury—Cabe and Duty. —A passenger who is forcibly expelled from a railroad car, and receives an injury to his person, is not required to exercise the highest degree of care and caution to avoid the consequences of such injury. It is enough that he uses reasonable care under the circumstances, and the question is one for the jury. Section 487 of the Civil Code imposes a positive duty on the conductors and managers of railroad trains, but'not on passengers.</p> <p>Evidence—Effect of Injury—Testimony of a Non-Expebt.—A plaintiff, though not an expert, may testify as to the immediate physical consequences of an injury received by him.</p>