Sweeney v. Central Pacific Railroad

Citations

• 57 Cal. 15

Syllabus

<p>Master and Servant—Negligence.—A servant voluntarily entering upon an employment, the dangers and hazards of which are known to Min, must be held to have assumed the consequences of such risks. Held, accordingly, that the defendant was not liable for the death of an employee, resulting from a collision caused by its failure to provide fences along the line of its road, if the deceased knew of the want of fences.</p> <p>New Trial—Verdict “against Law”—Definition.—Where a new .trial is asked, on the ground that the verdict is against law, and it appears that the jury must either have disregarded the law as given in the instructions of the Court, or else have found a fact wholly contrary to the evidence, the verdict is against law, and it is proper to grant a new trial on that ground.</p>