McQueen v. Mechanics' Inst.

Citations

• 107 Cal. 163
• 40 P. 114
• 1895 Cal. LEXIS 728

Syllabus

<p>Negligence—Falling of Piled Lumber—Carelessness of Fellow-servants—Presumption.—Where boards were piled by workmen, of whom the plaintiff was one, without direction in what mode they should be piled, or how high, and the pile toppled over, to the injury of the plaintiff, the presumption is that the accident occurred through the carelessness of the plaintiff and his fellow-servants.</p> <p>New Trial—Visit of Jury to Premises—Conflicting Evidence—Jurisdiction of Court.—The fact that the jury visited the premises to enable them to understand the evidence introduced on the trial cannot deprive the court of its jurisdiction to grant a new trial, which it should do, notwithstanding a conflict in the evidence, if fully convinced that the verdict was wrong.</p>