Lynn v. Southern Pacific Co.

Citations

• 103 Cal. 7
• 36 P. 1018
• 1894 Cal. LEXIS 711

Syllabus

<p>Appeal—Instruction Not Excepted to—Law of Case—Review of Evidence.—Where no exceptions are taken to the charge of the court to the jury, the charge becomes the law of the case upon appeal in the consideration of the sufficiency of the evidence to support the verdict.</p> <p>Id.—Presumption Upon Appeal—Applicability of Instructions to Evidence—Verdict Not Against Law—Insufficiency of Evidence. All presumptions upon appeal are in favor of the verdict, and if the court’s charge to the jury includes instructions of law sufficient to support it, when applied to the evidence found in the record, the verdict must be upheld as not against law, even though there be no sufficient evidence to support the verdict upon some other theory of the case covered by other instructions of the court.</p> <p>Negligence of Railroad Company—Overcrowded Train—Jolting Passenger Prom Platform—Contributory Negligence.—A railroad company is guilty of negligence in running a heavily overloaded train of passenger-cars at such a rapid rate of speed over a curved track and cross-tracks, as to occasion a jar or jolt severe enough to throw some of the passengers down, and a passenger who is riding upon the platform, owing to the overcrowded condition of the cars, and who is jolted off, is entitled to damages from the company for injuries received thereby, and cannot be said to be guilty of contributory negligence.</p> <p>Id.—Duty of Company as to Overcrowded Train.—A railroad company has the right to refuse to move its passenger trains if they become overcrowded, and it is unable to prevent the overcrowding; but if it does not pursue this course, and undertakes to transport all the passengers on board, whether within the cars or on the platforms, it is bound to exercise the additional care commensurate with the perils and dangers surrounding the passengers by reason of the overcrowded condition of the cars</p> <p>Id.—Right of Passenger to Ride Upon Platform.—One who boards a crowded passenger-car h