Toomey v. Southern Pacific Railroad
Citations
- 86 Cal. 374
- 10 L.R.A. 139
- 24 P. 1074
- 1890 Cal. LEXIS 1035
Syllabus
<p>Railroad Track — Trespasser. — A person who walks upon a railroad track without license or right to do so is a trespasser.</p> <p>Id.—Negligence — Duty to Trespasser—Machinery and Appliances — Cautionary Signals. —A railroad company is not bound to furnish any particular kind of machinery or appliances for the benefit of a trespasser, or (when not aware of his presence) to give cautionary signals to warn him of the approach of its trains, and its omission to do so is not negligence.</p> <p>Id. — Crossings — Statutory Requirement of Signals. — A statutory provision requiring the bell to be rung or whistle blown on approaching a crossing is for the benefit of those who use the crossing, and not for the benefit of trespassers at other points, and such trespassers cannot complain of the omission to comply with the statute, even though they would have heard the signals had they been given, and been warned thereby.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[Cjounty law enforcement officers ... may be personally liable if they ... act with actual malice or an intent to injure when performing a discretionary act.”
- “Procedures or instructions adequate to cause an act to become merely ministerial must be so clear, definite and certain as merely to require the execution of a relatively simple, specific duty.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hayne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.