Lee v. Southern Pacific Railroad

Citations

• 116 Cal. 97
• 47 P. 932
• 1897 Cal. LEXIS 516

Syllabus

<p>Lease of Railroad—Liability of Lessor—Construction of Constitution—Charge upon Franchise and Property—Personal Action.— Section 10 of article XII of the constitution, providing that “the legislature shall not pass any law permitting the leasing or alienation of any franchise so as to relieve the franchise or property held thereunder from the liability of the lessor or grantor, lessee or grantee, contracted or incurred in the operation, use, or enjoyment of such franchise, or any of its privileges,” does not give a personal action against the corporation which has owned property for an injury which has resulted to an employee of a lessee of the owner in the use of the property in the hands of the lessee, but is designed to subject the franchise and property to liability incurred in its occupation, use, or enjoyment, whether the franchise be exercised or the property be used by the original owner or the lessee or grantee.</p> <p>Id.—Effect of Valid Lease — Lessee Agent of Lessor.— If the lease of a railroad is invalid, because made without legislative sanction, the lessor continues liable for all negligence of the lessee affecting the public, and the lessee is to be treated as operating the road as agent of the lessor.</p> <p>Id. —Effect of Valid Lease—Statutory Construction—Act not Exempting Lessor—Measure of Liability—Negligent Construction of Road — Negligent Operation.—The act of 1880 permitting and CXVI. Cal.—7 authorizing leases of railroads in this state to corporations organized under the laws of another state, etc., does not afford any express exemption to any lessor company, and the lessor of the railroad still remains liable for an injury resulting from a negligent omission of duty in the construction and maintenance of its road; though it is not liable for any injury resulting from the mere negligence of the lessee in the operation of the road.</p> <p>Id.—Duty of Lessor, to Public—No Duty as Employer to Operatives of Lessee.—The responsibility of the le