McCurrie v. Southern Pacific Co.

Citations

• 122 Cal. 558
• 55 P. 324
• 1898 Cal. LEXIS 632

Syllabus

<p>Negligence—Province of Judge and Juey—Instruction to Find Verdict.—When the negligence of the defendant is the basis of plaintiff’s right to recover, it is the province of the judge to determine whether the evidence for the plaintiff tends to establish negligence, and to withdraw the case from the jury, if there is no evidence from which they would have the right to infer negligence; but if negligence may be inferred from the evidence, it is the province of the jury to determine its sufficiency, and the judge has no right in such case to substitute his judgment for that of the jury, and should refuse an instruction to find a verdict for the defendant.</p> <p>Id.—Liability of Carrier of Passengers—Extreme Care.—The carrier of passengers is required to exercise the highest degree of care in their transportation, and is responsible for injuries received by them as passengers which might have been avoided by the exercise of such care.</p> <p>Id.—Injury to Passengers—Prima Facie Case—Presumption—Burden of Proof.—A prima facie case is established when the plaintiff shows that he was injured while being carried as a passenger by the defendant, and that the injury was caused by the act of the carrier in operating the instrumentalities employed in his business. In such case there is a presumption of negligence, which throws upon the carrier the burden of showing that the injury was sustained without negligence on his part.</p> <p>Id.—Jerking of Train When Stopped—Injury from Closing Door— Error in Directing Verdict.—Evidence tending to show that plaintiff was injured at a regular station at which the train had stopped, owing to the sudden jerking of the train backward and forward, by reason of which he lost his balance, and was compelled to steady himself by taking hold of the casing of the door, when the door swung to and injured his hand, is sufficient to authorize a jury to find a verdict in his favor, and it is error for the court, upon such evidence, to direct a verd