McNamara v. North Pacific Railroad
California Supreme Court
McNamara v. North Pacific Railroad, 50 Cal. 581 (Cal. 1875)
McNamara v. North Pacific Railroad
Opinion of the Court
The presence or absence of negligence on the part of defendant and of contributory negligence on the part of plaintiff, were questions of fact to be passed on by the jury in view of all the circumstances proved.
These questions were practically taken from the jury by the instructions of the court, and we must, therefore, reverse the order denying a new trial. (Perry v. S. P. R. R. Co., ante, p. 578.)
Judgment and order reversed, and cause remanded.
Reference
- Full Case Name
- EDWARD McNAMARA and MINNIE McNAMARA v. THE NORTH PACIFIC RAILROAD COMPANY, J. B. LOW and A. K. GRIM
- Status
- Published
- Syllabus
- Questions of Fact fob a Juey.—In an action for personal injuries alleged to have been sustained by reason of the negligence of the defendant, the presence or absence of negligence on the part of the defendant, and of contributory negligence on the part of the plaintiff, are questions of fact for the jury, in view of all the circumstances proved.