Munro v. Pacific Coast Dredging & Reclamation Co.

Citations

• 84 Cal. 515
• 24 P. 303
• 1890 Cal. LEXIS 832

Syllabus

<p>Pleading—Capacity of Administrator to Sue—Jurisdiction—Order Duly Given and Made. — In pleading the facts showing the capacity of an administrator to sne, it is sufficient to aver the facts constituting his appointment under a petition for letters in the superior court by an order o£ that court duly given and made, and his qualifications and the issuance of letters under such appointment, without averring the facts giving jurisdiction to the superior court.</p> <p>Negligence — Explosion of Blast — Action for Death — Instruction Referring to Complaint. — An instruction, in an action for death caused by negligence of defendant in exploding a blast, that if the defendant, through its agents, servants, and employees, fired and exploded the blast, as charged in the complaint, and that it resulted in the death, etc., plaintiff is entitled to recover, sufficiently presents to the jury the issue of carelessness and negligence tendered by the complaint.</p> <p>Id.—Voluntary Explosion in City—Care and Skill No Excuse.— Where death is caused by the voluntary explosion of a blast by a dredging company in a thickly settled portion of a city, no degree of care and skill in exploding the blast, not even the highest and utmost care and skill employed by skillful and experienced men, will excuse the company from responsibility where death was caused by the explosion.</p> <p>Id.—Evidence of Wide-spread Results of Explosion.—It is not error, in an action for such death, to permit proof that the effect of the explosion was to injure adjoining houses other than that in which the deceased resided.</p> <p>Id, — Evidence of Complaint of Deceased. — Evidence is admissible in such action to show that the deceased, after the injury from the explosion which resulted in his death, complained of vertigo and dizziness.</p> <p>Id.—Contributory Negligence — Instructions.—In such action, when there is no evidence of contributory negligence on the part of the deceased, the doctrine of such neglige