McQuilken v. Central Pacific Railroad

Citations

• 50 Cal. 7
• 1875 Cal. LEXIS 70

Syllabus

<p>CoNTBiBtrroBV Negligence a Mattes of Defense.—In an action for damages to the person, alleged to have been sustained by carelessness or negligence of the employees of a railroad company, while a passenger on a train, contributory negligence on the part of the plaintiff is a matter of defense to be proved by the defendant.</p> <p>Idem.—The above rule does not prevent the trial court from directing judgment, as in case of nonsuit, if the evidence introduced by the plaintiff conclusively establishes the defense of contributory negligence.</p>