Wiggin v. Ayres

Citations

• 2 Cal. Unrep. 184

Syllabus

<p>Carrier—Injury to Passenger—Trial—Conflicting Instructions.— An instruction in effect that, it being admitted that defendant was a common carrier and that plaintiff on a day named was a passenger riding in defendant’s coach, and while so riding was upset and was injured thereby, plaintiff had made out a prima facie ease, unless defendant proved the upsetting to have been the result of inevitable casualty, was not in conflict with another, in substance, “if you believe from the evidence in this ease (that is, on both sides) that the upsetting was not occasioned by the negligence and carelessness of the defendant but by an act of God you should find for defendant.”</p>