Donovan v. Oakland & Berkely Rapid Transit Co.

Citations

• 102 Cal. 245
• 36 P. 516
• 1894 Cal. LEXIS 627

Syllabus

<p>Negligence—Leaving Postholes Unguarded—Contractors—Supervision op Work—Liability op Electric Railroad Company.—An electric railroad company is liable for injury to travelers caused by leaving unguarded in the public streets postholes dug therein for the support of poles for its railroad, and the fact that the holes were dug by contractors who had contracted for the digging of them, will not relieve the railroad company from liability for negligence, where the contract provided that they were to be dug under the supervision of the superintendent of the railroad company, and subject to his approval and acceptance, and did not require the contractors to guard the holes for the protection of travelers.</p> <p>Id.—Failure to Guard Finished Hole—Negligence op Railroad Company.—Where the negligence which caused the injury was that of failing to guard a posthole after it was finished by the contractors, such negligence must be imputed to the railroad company.</p> <p>Id.—Authority op Franchise—Nuisance.—If the digging of postholes for the use of an electric railroad is expressly or impliedly authorized by its franchise, it is not necessarily a nuisance, and can only become such by improper use, or by being negligently left in a condition dangerous to travelers.</p>