Carraher v. S.F. Bridge Co.

Citations

• 100 Cal. 177
• 34 P. 828
• 1893 Cal. LEXIS 765

Syllabus

<p>Negligence—Operation of Private Railroad—Injury to Employee of Sub-contractor—Instruction.—In an action to recover damages for personal injuries, it appeared that the defendant had a contract to construct a section of seawall, and for that purpose operated a temporary railroad upon which it ran a train of sand cars about twenty times a day, and that the plaintiff hauled about twenty-five loads of rock-per day over a road which crossed the railroad track, as a teamster for a sub-contractor who furnished the rock for the seawall, and while returning from the delivery of a load of rock and while near the crossing the sand train passed over the crossing and frightened his horse, causing the plaintiff to be precipitated into an excavation, whereby he sustained personal injuries. Held, that the refusal of the court to instruct the jury that the railroad crossing was not on a public street hut was on a portion of the seawall under the control of the defendant, was not error, as the defendant was bound to exercise ordinary care for the safety of its employees and sub-contractors, regardless of the fact that the road had been constructed for its private use, and was not a public road.</p> <p>Id,—Contributory Negligence—Conflicting Evidence—Review Upon Appeal.—Where the verdict in such action is in favor of the plaintiff, and the evidence is substantially conflicting both as to the negligence of the defendant, and as to whether the negligence of the plaintiff contributed to his injury, an order denying a new trial cannot be reversed on the ground that the verdict is not justified by the evidence.</p>