Fagundes v. Central Pacific Railroad

Citations

• 79 Cal. 97
• 3 L.R.A. 824
• 21 P. 437
• 1889 Cal. LEXIS 679

Syllabus

<p>Negligence — Railroad — Laborer is Fellow-servant with Track-walker and Conductor. — A laborer employed by a railroad company to remove snow and other obstructions from its track is a fellow-servant, and employed in the same general business, with a track-walker and train conductor, and for personal injuries to him caused by the combined negligence of the latter two the company is not liable.</p> <p>Id.—Negligence when Question of Law.—Where the facts are undisputed, the question of negligence is one of law, to be passed on by the court.</p> <p>Id. —Renewal of Motion for Nonsuit— Evidence. —It is not error to permit a defendant to renew a motion for a nonsuit after introducing evidence in its own behalf, when the entire evidence is such that if the motion had been denied and a verdict found for the plaintiff, it would have been the duty of the court to set the verdict aside as not supported by the evidence.</p>