Wilson v. Cunningham

Citations

• 3 Cal. 241

Syllabus

<p>Defendants were owners of a private railroad, constructed by them, and run with \\ machinery under a license from the city councils, through certain streets of San Francisco. The plaintiff claimed damages for injuries done to himself, his horse, and wagon, in a collision with the railroad cars, charging the defendants with negligence. Held, that where the streets of a city are diverted from their ordinary and legitimate uses by special license to a private person for his own benefit, and in the pursuit of a business Which involves constant risk and danger, he is bound, in the. exercise of such right to'use extraordinary care.</p>