Mitchell v. Southern Pacific Railroad

Citations

• 87 Cal. 62
• 25 P. 245
• 1890 Cal. LEXIS 1095

Syllabus

<p>Negligence — Railway Accident — Burden of Proof. — In an action against a railroad company to recover damages for injuries sustained by a passenger, caused by a train running off the track owing to the negligence of the railroad company, although the burden of proof is upon the plaintiff to establish negligence, yet where the injury is admitted, and the derailment and overturning of the car are undisputed facts, and there is evidence tending to show that at the time of the accident the train, was running down a steep incline leading to the bed of a river, on a new and curved track, at an unusual and dangerous speed, the burden of proving that the injury was not caused by its want of care is on the railroad company.</p> <p>Id.—Contributory Negligence—Passenger Injured from Platform — Violation of Rules — Construction of Code. — Section 484 of the Civil Code, protecting a railroad company from damages for an injury to a passenger received on or from the platform of a ear, in violation of printed regulations posted in the ear, or of verbal instructions to the passenger, is intended to prevent the imprudent act of standing or riding on the platform, and neither the statute nor the regulation has any application where a passenger is justifiably entering or leaving the cars when injured.</p> <p>Id. — Attempt to Escape from Platform — Question of Fact. — Where, at the time the accident occurred, the plaintiff was standing on. the platform of the car, and his testimony showed that he had gone there immediately before the accident, in fear that some disaster would occur because of the speed of the train, and that he intended to jump therefrom to the sand, but that the car was overturned as soon as he reached the platform, it is a question for the jury whether the attempt thus made was an unreasonable or rash act, or was one which a person of ordinary care and prudence might do under the circumstances.</p> <p>Id. — Prudence of Plaintiff —■ Safety of Passengers — Result of