Fogel v. San Francisco & San Mateo Railway Co.

Citations

• 5 Cal. Unrep. 194
• 42 P. 565
• 1895 Cal. LEXIS 1165

Syllabus

<p>Carrier—Injury to Passenger—Evidence as to Switch.—In an action for injury from being thrown from a ear by its coming to a sudden stop, by reason of a defective switch, while being run at a high rate of speed, evidence that other persons than plaintiff were thrown from the car and injured is admissible to overcome the claim of defendant that plaintiff’s injuries were caused by Ms negligence in jumping from the car when in motion.</p> <p>Carrier—Injury to Passenger—Evidence as to Switch.—In an action for injuries received in an accident due to a defective switch, evidence by a skilled switch-tender as to whether anything was not done that could have been done to have avoided the accident is inadmissible, as invading the province of the jury.1</p> <p>Witness—Physician as Expert.—Where a Witness Shown to be a physician has been “examined at length” as to plaintiff’s injuries, it will be assumed that a proper foundation has been laid to enable Mm to testify as a medical expert.</p> <p>Trial—Remarks of Attorney.—The Fact That Plaintiff’s Counsel, in an action against a railroad company passing through a city, for personal injuries, said that “there is no road in the city . . . . that has caused so many accidents as this road, as is well known,” is not ground for reversal where it was casual, and did not evidently influence the jury.2</p> <p>Appeal.—A Verdict on Conflicting Evidence will not be disturbed on appeal.</p>