Knight v. Pacific Coast Stage Co.

Citations

• 4 Cal. Unrep. 358
• 34 P. 868
• 1893 Cal. LEXIS 1106

Syllabus

<p>Carrier—Upsetting of Stage.—In an Action by a Passenger against a stage company for personal injuries received from the upsetting of a stage in coming down a mountain road, it appeared that one of the horses had been inclined to run away; that the road was muddy and slippery; that the horses were going at “a slow jog,” when they were frightened by a landslide; that they ran one hundred yards before the driver regained control; that flying mud and slush made it hard for the driver to see, and tended to frighten the horses; and that the horses were going in a trot, when they were so frightened by another slide that the driver lost control, and they ran away and upset the stage. Held, that there was evidence for the jury as to whether defendant failed to provide suitable horses and driver.</p> <p>Carrier—Upsetting of Stage.—Where the Only Issues were as to the suitableness of the horses and driver, the court properly refused to instruct concerning latent defects in the stage and concerning the duty of the injured party to exercise proper care in endeavoring to recover from the injury.1</p>