Seigel v. Eisen

Citations

• 41 Cal. 109

Syllabus

<p>Negligence, Contributing to Injury.—The fact that plaintiff was standing on the rear platform of a street car, with his hand on the railing, when his hand was injured by defendants’ dray, as it passed the rear of the car, is not, as a matter of law, such negligence as contributes to the injury.</p> <p>Question eor the Jury.—The question whether the collision by which the injury was caused could have been avoided by proper care, is a question of fact for the jury.</p> <p>Collision Caused by Negligence.—In an action to' recover damages caused by defendants’ dray running against a street car, the fact that the collision would not have occurred except for the slipping of the wheels of the dray on the iron track does not conclusively repel the imputation of negligence.</p>