Dufour v. Central Pacific Railroad

Citations

• 67 Cal. 319
• 7 P. 769
• 1885 Cal. LEXIS 631

Syllabus

<p>Contbibutoby Negligence.—To authorize a recovery for an injury occasioned by the negligence of another, the party injured must have exercised such reasonable care to avoid the injury as a prudent person would have exercised under like circumstances.</p> <p>JfD.—On a review of the evidence, held, that the court could not say as a matter of ; law that there was any contributory negligence in this case.</p> <p>Instructions. — A refusal to give instructions which have already been given in substance is not error.</p> <p>Id. — Surrounding Circumstances. — An instruction that the jury in case they find for the plaintiff, “ must take into consideration all the circumstances surrounding the case,” cannot be construed as authorizing them to consider facts not embraced in the pleadings or evidence.</p>