Lewis v. Riverside Water Co.

Citations

• 76 Cal. 249
• 18 P. 314
• 1888 Cal. LEXIS 868

Syllabus

<p>Negligence — Overturn of Wagon — Instruction. — The action wag brought to recover damages for personal injuries caused by being thrown from a wagon through the negligence of the defendant. The evidence showed that the plaintiff sprang from the wagon while it was overturning. The court instructed the jury in effect that if the plaintiff, without negligence, was thrown from the wagon by reason of the negligent act of the defendant, he was entitled to recover. There was no evidence that the act of the plaintiff, in springing from the wagon, was unnecessary, or contrary to what a person of ordinary prudence would have done under the circumstances. He Id, that the instruction was proper.</p>