Hynes v. San Francisco & North Pacific Railroad

Citations

• 65 Cal. 316
• 4 P. 28
• 1884 Cal. LEXIS 537

Syllabus

<p>Bailboad Corporation—Failure to Erect Fences—Personal Injury. — A railroad corporation which fails to erect fences along its track, as required by section 485 of the Civil Code, is liable to a person on horseback who is injured by a passing train in consequence of the horse becoming frightened and unmanageable on the approach of the train and attempting to run across the track immediately in front of the engine, the rider not being guilty of contributory negligence.</p> <p>Id.—Province of the Court and Jury—Instructions.—In view of the circumstances of the case as disclosed by the evidence, held, that the question of negligence on the part of the plaintiff should have been left to the jury to determine, and that the court erred in its instructions which practically took the question from the jury</p>