Hahn v. Southern Pacific Railroad

Citations

• 51 Cal. 605

Syllabus

<p>Liability of Railboad Company fob Damages.—Where a railroad track passes along a street, both the railroad trains and teams are entitled to the use of the street, and if horses are frightened by the appearance of the train or the ordinary noise of its passage, the railroad company is not liable for damages.</p> <p>Idem.—So if the cylinder-cocks are opened and the steam is blown off, and this is necessary in the prudent management of the engine, and the horses are frightened thereby, the railroad company is not liable for the damages.</p> <p>Vaeiance between Pboof and Complaint.—If the plaintiff claim» damages from a railroad by reason of the negligence of one of its employee», and the evidence of the plaintiff tends to show that the act of the omplo.i ee was willful and without the scope of his duty, the defendant must take advantage of it by motion for a nonsuit, or asking an instruction to the jury.</p>