Thorne v. Cal. Stage Co.

Citations

• 6 Cal. 232
• 1856 Cal. LEXIS 106

Syllabus

<p>In an action for.damages brought by a passenger against a stage company, for injuries to plaintiff, caused by carelessness of the driver in overturning the coach, Held, that the fact that the driver was informed before the accident, that a passenger was to be left at plaintiff's destination, and that after the accident, the agent of defendant informed the driver that plaintiff was to stop at the destination designated, was sufficient to establish prima facie the allegation in the complaint, of a contract to safely carry, etc.</p> <p>Evidence of the professional reputation of the physician who was employed by plaintiff to dress his wounds and effect a cure, is inadmissible, but it would be competent to prove that plaintiff's injuries were wholly or partially the result of improper treatment on the part of the physician.</p> <p>When the evidence of plaintiff charged the accident to the want of proper care or skill of the driver, an instruction that defendants were liable for insufficiency of coaches, horses, or harness, is objectionable as irrelevant, but as it would work no injury to defendants, is not a sufficient cause to disturb a judgment for plaintiff.</p>