Richmond v. Sacramento Valley R.R.

Citations

• 18 Cal. 351
• 1861 Cal. LEXIS 195

Syllabus

<p>In this State a railroad company is responsible for damages done cattle by running over them on the track, if the accident could have been avoided by ordinary care and prudence on the part of the company; and this, though the owner of the cattle permits them to run at large near the line of the railroad.</p> <p>But if in such case the agents of the company could not, by ordinary care and prudence, prevent the accident, then the company is not responsible.</p> <p>There is no statute in this State requiring railroad corporations to fence in their track.</p> <p>The rule, held in some authorities, that where the act of injury has been caused by the negligence of the party injured, he has no redress, commented on and qualified.</p> <p>Held, that the negligence which disables a plaintiff from recovering must be a negligence which directly or by natural consequence conduces to the injury. Whether due diligence and care, or negligence exist in a particular case, is a fact for the jury.</p>