Raub v. Los Angeles Terminal Railway Co.

Citations

• 103 Cal. 473
• 37 P. 374
• 1894 Cal. LEXIS 804

Syllabus

<p>Negligence—Question of Fact—Nonsuit.—In an action for an injury caused by negligence, where the negligence of the defendant is not attempted to be shown by any single act or omission, but is an ultimate fact resulting from other facts and circumstances in the case, to be ascertained upon the consideration of those facts and circumstances viewed in connection with the respective relations of the parties, the issue of negligence is so much a question of fact, or is so dependent upon the determination of controverted facts, that its existence must be left to the jury, and a nonsuit should not be granted.</p> <p>Id.—Duty of Railroad Corporation—Time For Alighting at Station —Injury to Passenger—Burden of Proof.—It is the duty of a railroad corporation to afford a reasonable time for passengers to alight from its cars at the station to which it has assumed to carry them, and if a passenger is injured while attempting to alight at such station, by reason of the sudden and unannounced starting of the train, the burden is thrown upon the company of showing that the injury was not the result of its own act or negligence.</p> <p>Id.—Stoppage at Station—Invitation to Alight—Failure to Announce Station.—Where the evidence tends to show that the station at which the plaintiff alighted is a regular station upon the road at which passengers were wont to get on and off daily, and that the conductor had informed the plaintiff that he always stopped there, the plaintiff was authorized to consider the stopping of the train at the station as an invitation by the defendant to alight, although the conductor failed to announce the station before reaching it.</p> <p>Id. — Contributory Negligence of Plaintiff—Question Foe Juey.— Where it appears that when the train reached the station it stopped a short distance beyond the platform, and' that while the plaintiff was in the act of alighting, and when he had reached the lower step of the car, the train started without any warning, throwing