Brown v. Central Pacific Railroad

Citations

• 2 Cal. Unrep. 730
• 12 P. 512
• 1887 Cal. LEXIS 854

Syllabus

<p>Railroads—Contributory Negligence.—Where, on the Trial of an action for damages against a railroad company brought for the death of a train conductor in defendant’s employ, it appears that such conductor was in absolute control of a long freight train; that there were three brakemen who were under him, and whose positions, respectively, were on the front, middle and rear of the train; that the middle brakeman, when the train was leaving the last station at which it stopped before the accident, was about to go to his position, when he was stopped by the conductor to assist him in cheeking waybills, and remained in the baggage-ear after such checking was finished, and until the accident happened, there is evidence of negligence in the conductor; but the verdict for plaintiff may be sustained, where the instructions of the judge are clear, on the theory that the jury considered that the negligence of the conductor did not contribute proximately to produce the accident.</p> <p>Trial—General or Special Verdict—Omission to Make Special Findings.—When, on the trial of an action for damages, the jury are instructed that they may return either a general or a special verdict, but, if a general verdict is returned, they must also make written findings on the particular findings of fact submitted to them in writing, and the jury return a general verdict for the plaintiff, without passing on the special facts submitted, which is received and entered by the court without objection by counsel, the defendant cannot object to the verdict, on appeal, as irregular, as the reception and entry of the verdict by the court amounted to a waiver of the request for the special findings.1</p>