Trask v. California Southern Railroad
Cases that cite this one
7 later published cases cite this decision.
- Evansville & Richmond Railroad v. Maddux (Ind. 1893)
- Vaughn v. California Central Railway (Cal. 1890)
- Magee v. North Pacific Coast Railroad (Cal. 1889)
- Brown v. Sennett (Cal. 1885)
- Cunningham v. Union Pacific Railway Co. (Utah 1885)
- Bowers v. Union Pacific Railroad (Utah 1885)
- Indiana Car Co. v. Parker (Ind. 1885)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The demurrer to the complaint was properly overruled.
The point is made that the evidence shows that the plaintiff was injured by the negligence of the defendant’s engineer, and that as he was engaged in the same general business with such engineer, he assumes, in taking employment, such a risk, and should not be allowed to recover. But the court finds that the injury was caused by the unskillfull, improper, and negligent manner in which the defendant constructed its road.
Conceding that the point urged, as to the relation of the plaint
It is said that the evidence is not sufficient to sustain the findings as to the construction of the road above stated. We have examined the evidence and are of opinion that it does sustain the finding.
Judgment and order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.