Cullen v. Southern Pacific Railroad

Citations

• 2 Cal. Unrep. 9

Syllabus

<p>Carrier—Person Biding in Exposed Position.—If a law provides that in ease a passenger on a railway train suffers injury “on the platform of a ear or on any baggage, wood, gravel or freight ear, in violation of the printed regulations of the company posted up at the time in a conspicuous place inside of its passenger cars then in the train .... such company shall not be liable for the injury, provided said company at the time furnished room inside its passenger cars sufficient for the accommodation of its passengers,” it is immaterial that the law does not in express terms prohibit a recovery to a person so suffering an injury.</p> <p>Carrier—Person Biding on Other Than Passenger Car.—In the trial of an action against a railroad company for injuries received by the plaintiff while riding on one of the defendant’s ears, when in fact it was not a passenger ear, and a law relieved a company observing certain conditions from liability for injuries received on other than passenger cars, an instruction asked by the defendant on the hypothesis virtually of the plaintiff being debarred from recovery under this law is not too broad merely for failing to state just what description of car it was the plaintiff was riding on.</p>