McKune v. Santa Clara Valley Mill & Lumber Co.

Citations

• 110 Cal. 480
• 42 P. 980
• 1895 Cal. LEXIS 1084

Syllabus

<p>Negligence — Contributory Negligence—Question of Fact.—If the court is not satisfied that the evidence, as matter bf law, establishes the contributory negligence of the plaintiff, or if it believes that under the evidence touching the conduct of the plaintiff, reasonable minds might differ upon the question whether or not he was negligent, that question is one of fact which it is the duty of the court to allow the jury to determine.</p> <p>Id.—Frightening of Horse—Negligence of Mill and Lumber Company.—Where a mill and lumber company has negligently piled and maintained lumber upon a public street, in violation of an ordinance, and the occupants of a buggy, driving upon the proper side of the roadway, were compelled to turn around a pile of lumber on the street, and were thus brought close to a railroad track, and then for the first time discovered that there were other piles of lumber that had to be passed, when for the first time they noticed an approaching train, and were caught in a position where they could neither advance nor retreat, nor cross the track with safety, and where they could not move to the roadside away from the approaching train because of the obstructing lumber, whereupon the horse became frightened by the approaching train, and '¡backed upon the track to. the injury of the plaintiff, the question of contributory negligence of the plaintiff is properly left to the jury.</p> <p>Id.—Unauthorized Obstruction of Highway—Ownership of Lumber— Presumption of Responsibility.—Where lumber piled in front of a planing mill along the outside of a sidewalk was owned by a mill and lumber company, which operated the planing mill, it will be presumed, in the absence of any counter-showing, that it was piled there with the knowledge and consent of the owner, and the unauthorized obstruction of a highway to the injury of another is an act of negligence for which the mill and lumber company is responsible.</p> <p>Id. — Failure to Comply with Municipal Ordinanc