Jamison v. San Jose & Santa Clara Railroad

Citations

• 55 Cal. 593
• 1880 Cal. LEXIS 328

Syllabus

<p>Contributory Negligence—Question of Fact.—When the negligence of the injured party contributes directly to the injury complained of, the law will afford no redress ; but negligence is not absolute or intrinsic, but always relates to some circumstance of time, place .or persons, and whether there was contributory negligence in any given case, is generally a question for the jury to pass upon or determine.</p> <p>Negligence — Definition.— Negligence is the omission to do something which a reasonable man, guided by those circumstances which ordinarily regulate the conduct of human affairs, would do, or doing something which a reasonable and prudent man would not do.</p> <p>Id.—Common Carriers of Passengers.—Common carriers of passengers are required to do all that human care, vigilance, and foresight can, under the circumstances, in view of the character and mode of conveyance adopted, to prevent accidents to passengers, and they are responsible for any, even the slightest, negligence.</p>