House v. Meyer
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- Whitney v. Northwestern Pacific Railroad (Cal. Ct. App. 1918)
- People Ex Rel. Bradford v. Arcega (Cal. Ct. App. 1920)
- McBride v. Atchison, Topeka & Santa Fe Railway Co. (Cal. 1955)
- People v. Cole (Appellate Division of the Superior Court of California 1954)
- Gundry v. Atchison, Topeka & Santa Fe Railway Co. (Cal. Ct. App. 1930)
- Kienlen v. Holt (Cal. Ct. App. 1930)
- Robbins v. Southern Pacific Co. (Cal. Ct. App. 1929)
- Flores v. Successors of Pérez Bros. (Supreme Court of Puerto Rico 1921)
- Flores v. Sucesores de Pérez Hermanos (Supreme Court of Puerto Rico 1921)
- Hamilton v. San Francisco, Napa & Calistoga Railway (Cal. Ct. App. 1920)
- People v. Laine (Cal. Ct. App. 1919)
- Murray v. Southern Pacific Co. (Cal. 1917)
- Hughes v. Warman Steel Casting Co. (Cal. 1917)
- Talbot v. Ginocchio (Cal. Ct. App. 1912)
- Payne v. Oakland Traction Co. (Cal. Ct. App. 1910)
- Rathbun v. White (Cal. 1910)
- Pigeon v. W. P. Fuller & Co. (Cal. 1909)
- Mugford v. Atlantic, Gulf & Pacific Co. (Cal. Ct. App. 1908)
- Younie v. Blackfoot Light & Water Co. (Idaho 1908)
- Crowley v. Croesus Gold & Copper Mining Co. (Idaho 1906)
- Warren v. Southern California Railway Co. (Cal. 1901)
- Sherman v. Southern Pacific Co. (Nev. 1910)
- Peters v. McKay & Co. (Cal. 1902)
- Wahlgreen v. Market Street Railway Co. (Cal. 1901)
- Herbert v. Southern Pacific Co. (Cal. 1898)
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. In an action like this, to recover damages resulting from the alleged negligence of a defendant, a general allegation of negligence upon the part of the defendant is sufficient. “The negligence is the ultimate fact to be pleaded, and is not a legal conclusion.” (Bliss on Code Pleading, sec. 211.)
Nor was it incumbent on the plaintiffs to allege that they were not guilty of contributory negligence. (Robinson v. Western Pac. R. R. Co., 48 Cal. 409.)
The appeal in this case is without merit.
Judgment and order affirmed.
McFarland, J., and Fitzgerald, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.