Henry v. Southern Pacific Railroad

Citations

• 50 Cal. 176
• 1875 Cal. LEXIS 118

Syllabus

<p>Objection to Testimony.—An objection that testimony introduced by the plaintiff in the court belowwas inadmissible under the averments of the complaint, cannot, for the first time, be made in the Supreme Court.</p> <p>Idem.—When a motion is made to strike out testimony, the moving party should specify his objections with like particularity as is required in pointing out an objection to a question.</p> <p>Evidence to Prove Damage Caused by Pibe.—If a railroad company permits dry grass to remain standing between the railroad track and the fence, in such quantities as to show negligence, evidence of the fact, in an action to recover damages for the destruction of a crop by fire in an adjoining field, alleged to have been caused by sparks from a locomotive, is admissible.</p> <p>When Party is not Injüeed by Refusal to Steike out Testimony.—If, in such case, there is some evidence that such dry grass had been recently burned, and it also appears that the fire originated in an adjoining field, and the court refuses to strike out the evidence about the dry grass, but instructs the jury to disregard it if the fire did not originate in such dry grass, it will be presumed, in view of the charge, that no injury was done by the refusal to strike out.</p> <p>Evidence Sufficient to Peevent Nonsuit.—If, in an action against a railroad company to recover damages alleged to be caused by a fire communicated by sparks from a locomotive, there is evidence tending to show that the fire was not the probable result of the ordinary working of the locomotive, and that the fire was communicated from the engine, this is sufficient evidence of negligence to go to a jury, and a nonsuit should not be granted.</p> <p>Damages for Negligence of Raileoad Company.—If, by the negligence of a railroad company, a fire, communicated from the sparks of an engine, commences on the premises of one proprietor and spreads to those of another, and destroys his crop, the latter may recover damages for the in