San Pedro, L. A. & S. L. R. v. Thomas

Citations

• 187 F. 790
• 109 C.C.A. 638
• 1911 U.S. App. LEXIS 4233

Syllabus

<p>1. Carriers (§ 348*) — Action for Injury to Passengers — Instructions— Contributory Negligence.</p> <p>In an action against a railroad company for the death of a passenger, who was killed by the derailment of the car while entering a station and when he was standing on the platform, where the court instructed the jury fully as to the provisions of Civ. Code Cal. § 483, applicable to the case, it was not error to refuse an instruction requested, laying down an ■ arbitrary rule which would bar recovery, and to submit the question of contributory negligence, in view of the statute, to the jury.</p> <p>[Ed. Note. — For other cases, see Carriers, Dee. Dig. § 348.*]</p> <p>2. Trial (§ 240*) — Instructions—Refusal of Requests.</p> <p>It is not error for a court to refuse an instruction, prepared by counsel, stating general propositions which merely support an argument in favor of the party presenting it.</p> <p>[Ed. Note. — For other cases, see Trial, Cent. Dig. § 561; Dec. Dig. § •240.*]</p>