Tompkins v. Clay St. R.R.

Citations

• 66 Cal. 163
• 4 P. 1165
• 1884 Cal. LEXIS 717

Syllabus

<p>Carriers of Passengers—Collision—Parties.—When a collision of two street cars is occasioned by the negligence of the managers of both vehicles, a passenger upon either car who is injured by the collision may recover damages against the proprietor of either or both. Where both proprietors are sued, the plaintiff may dismiss as to either, and if it turn out at the trial that one proprietor was not guilty of negligence, he may, on sufficient evidence, take a verdict against the other.</p> <p>Id.—Negligence—Presumftion.—In an action by a passenger against two carriers of passengers, for damages caused by a collision, no presumption of negligence arises from the mere fact of the injury, as against the proprietor of the vehicle not occupied by the plaintiff.</p> <p>Id.—Release of One Carrier—Estoppel.—When a passenger injured by a collision brings an action against the proprietors of both vehicles, a release of one of the defendants, who was a party in fault, in consideration of a sum of money paid to the plaintiff, operates as a release of both of the defendants. The plaintiff is estopped from asserting that the party to whom the release was given was not in fault, and not liable for the injury.</p>