Sambuck v. Southern Pacific Co.

Citations

• 7 Cal. Unrep. 104
• 71 P. 174
• 1903 Cal. LEXIS 939

Syllabus

<p>Damages for Personal Injuries — Examination of Plaintiff’s Person.—Where, in an action for injuries, plaintiff’s physician testified that on examination there were no objective signs of injury on Ms body, and no bruises, and that his injuries were subjective, rather than objective, and defendant’s physician had thoroughly examined plaintiff, and fully detailed his condition, as a witness, defendant was not prejudiced by the court’s refusal to compel plaintiff to submit to an examination of his person at the trial.</p> <p>Carrier of Passengers—Presumption of Negligence.—In an action for injuries to a passenger from a railroad collision, it- is presumed in the first instance that the collision was the result of the carrier’s negligence, to rebut which defendant must affirmatively show that the collision was the result of inevitable casualty, or of some cause which human care and foresight could not prevent.</p> <p>Carrier of Passengers—Liability for Slight Negligence.—In an action for injuries to a passenger, the carrier is liable for the slightest negligence.</p>