Holland v. Southern Pac. Co.

Citations

• 100 Cal. 240
• 34 P. 666
• 1893 Cal. LEXIS 777

Syllabus

<p>Negligence—Master and Servant—Neglect of Fellow-Servant— Showing Required.—In an action by the roadmaster of a railroad company, to recover damages for personal injuries caused by a collision resulting from the negligence of an engineer employed by the company, the plaintiff and the engineer being fellow-servants, in order to entitle the plaintiff to recover it is incumbent upon him to show not only that the injury was proximntely caused by the negligence of the engineer, but also that the engineer was incompetent, and that there was negligence upon the part of the railroad company in employing him, or in retaining him in its service, after notice of his incompetency and carelessness in the discharge of his duties.</p> <p>Id.—Fitness of Engineer—Single Rash Act—Verdict Against Evidence.—Evidence that the engineer, several months prior to the collision resulting in the injury, ran a train much more rapidly than schedule time, in daylight, and without accident or injury to any one, and that the proper officers of the railroad company were notified of such fast running of the train in violation of its rules, is not sufficient to sustain a verdict that the railroad company is guilty of negligence in retaining him as an engineer.</p> <p>Id.—Qualification of Servant.—One who by years of faithful service has shown himself trustworthy, vigilant, and competent is not disqualified for further employment, and proved incompetent, careless, or untrustworthy, by a single mistake or act of forgetfulness and omission to exercise the highest degree of caution and presence of mind; nor does a single act of casual neglect, perse, tend to prove the party to be careless and imprudent, and unfit for a position requiring care and prudence.</p> <p>Id.—Formation of Character.—Character is formed and qualities exhibited by a series of acts, and not by a single act.</p>