Boyce v. California Stage Co.
Citations
- 25 Cal. 460
- 1864 Cal. LEXIS 55
Syllabus
<p>Damages for Personal Injuries. — In an action against a stage company to recover damages for personal injuries occasioned by the overturn of the coach, it is only necessary for the plaintiff to prove the overturn and the injuries he sustained. The presumption of law is, that the overturn occurred through the negligence of the defendant, and the burden of proving that there has been no negligence is cast on the defendant. In order to rebut the presumption of negligence, the defendant must show that the overturn was the result of inevitable casualty, or of some cause which human care and foresight could not prevent.</p> <p>Instructions to a Jury.—Counsel may propose instructions to the Court, but the Court is not compelled to give or refuse them as asked. If in the opinion of the Judge the proposed instructions are defective in form of expression, or erroneous in law, he may modify them in either particular and give them to the jury in their modified form, or he may refuse them altogether.</p> <p>Variance between Allegations and Proof.—If in the progress of a trial evidence is offered by the plaintiff at variance with the allegations of the complaint, and the counsel for the defense does not object to it at the time, nor move to strike it out upon the ground of variance, the error is waived, and the Court may instruct the jury in relation to the whole field of inquiry covered by the evidence.</p> <p>Error.—A judgment will not be reversed because an error has intervened in the course of a trial, which does not prejudice the defendant’s case.</p> <p>Chance Verdict.—A verdict which is arrived at by each one of the jurymen marking such sum as he thinks proper, and then adding the several sums together and dividing the totahby twelve, and making the quotient the verdict, is not a chance verdict within the meaning of the second subdivision of section one hundred and ninety-three of the Practice Act.</p> <p>Impeachment of Verdict of a Jury.—The verdict of a jury cannot be
Judges: Sanderson
Read full opinion on CourtListenerCited by
39 cases in this archive cite this case; the 20 most cited are listed.
- People v. HutchinsonCalifornia Supreme Court· 1969-06-18· cited 193×
- Zentz v. Coca Cola Bottling Co.California Supreme Court· 1952-08-06· cited 176×
- Hardin v. San Jose City Lines, Inc.California Supreme Court· 1953-08-21· cited 67×
- McCurrie v. Southern Pacific Co.California Supreme Court· 1898-12-06· cited 45×
- Maloney v. Winston Bros.Idaho Supreme Court· 1910-05-09· cited 41×
- People v. AzoffCalifornia Supreme Court· 1895-01-17· cited 37×
- Lee v. S. Pac. R.R. Co.California Supreme Court· 1894-01-25· cited 32×
- People v. HallCalifornia Supreme Court· 1892-05-28· cited 30×
- Cunningham v. Los Angeles Railway Co.California Supreme Court· 1897-01-14· cited 29×
- Towle v. Pacific Improvement Co.California Supreme Court· 1893-05-23· cited 24×
- Gomez v. Superior CourtCalifornia Supreme Court· 2005-06-16· cited 23×
- People v. HughesCalifornia Supreme Court· 1865-07-01· cited 23×
- Bush v. BarnettCalifornia Supreme Court· 1892-09-15· cited 22×
- Murphy v. MurphySouth Dakota Supreme Court· 1890-11-24· cited 22×
- Ulrick v. Dakota Loan & Trust Co.South Dakota Supreme Court· 1891-10-20· cited 20×
- Griffiths v. MontandonIdaho Supreme Court· 1895-02-27· cited 16×
- Polhemus v. HeimanCalifornia Supreme Court· 1875-07-01· cited 16×
- Lawrence v. GreenCalifornia Supreme Court· 1886-08-17· cited 16×
- Williamson v. Pacific Greyhound LinesCalifornia Court of Appeal· 1947-03-11· cited 15×
- Ficken v. JonesCalifornia Supreme Court· 1865-10-15· cited 15×
Cites
8 cases in this archive are cited by this case.
- Davidson v. DallasCalifornia Supreme Court· 1860-07-01· cited 33×
- Turner v. Tuolumne County Water Co.California Supreme Court· 1864-07-01· cited 29×
- Long v. RodgersSupreme Court of Alabama· 1851-06-15· cited 19×
- People v. BakerCalifornia Supreme Court· 1851-04-15· cited 10×
- Conrad v. LindleyCalifornia Supreme Court· 1852-04-15· cited 5×
- Amsby v. DickhouseCalifornia Supreme Court· 1854-01-15· cited 5×
- Russel v. AmadorCalifornia Supreme Court· 1853-10-15· cited 4×
- Jamson v. QuiveyCalifornia Supreme Court· 1855-07-01· cited 2×
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