Fernandes v. Sacramento City Ry.

Citations

• 52 Cal. 45

Syllabus

<p>Contributory Negligence—when a Question of Law and when Onf, of Pact.—In an action to recover damages for an injury to the person, sustained by the alleged negligence of the defendant, the question of contributory negligence is to be decided by the Court as a question of law, when the facts are clearly settled, and the course which common prudence dictates can be readily discerned; but when the facts are doubtful, or when they are such that it is doubtful whether the act imputed to the plaintiff as negligence was such as a person of ordinary prudence would have performed, it is to be submitted to the jury, under instructions from the Court.</p> <p>Idem.—If, in such action, it is a question to be decided upon admitted facts whether a man of common prudence would have acted as the plaintiff did, and the common knowledge and experience of men do not make the Court to determine whether the plaintiff’s conduct wás negligent, the question of contributory negligence is to be submitted to the jury, under proper instructions. ,</p> <p>'Idem.—In such action, the negligence of the plaintiff does not release the defendant from liability, unless it contributes proximately to the injury sustained by the plaintiff.</p>