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Articles 1 - 12 of 12

Full-Text Articles in Law

Rogers V. Los Angeles Transit Lines, Jesse W. Carter Oct 1955

Rogers V. Los Angeles Transit Lines, Jesse W. Carter

Jesse Carter Opinions

Passenger who was injured when the bus in which he was riding passed too close to the open door on a truck was not contributory negligent, nor had he assumed a risk of injury, when he had his elbow resting in the bus window.


Cole V. Rush [Dissent], Jesse W. Carter Oct 1955

Cole V. Rush [Dissent], Jesse W. Carter

Jesse Carter Opinions

Under common law, as to competent person, it was voluntary consumption, not sale, of intoxicating liquor that was proximate cause of injury from its use, and contributory negligence of decedent barred widow's recovery in wrongful death action.


Kornoff V. Kingsburg Cotton Oil Co., Jesse W. Carter Oct 1955

Kornoff V. Kingsburg Cotton Oil Co., Jesse W. Carter

Jesse Carter Opinions

Landowners were entitled to future damages in a permanent trespass action against a neighboring cotton gin company that created waste six months a year that was emitted into the atmosphere and damaged the neighboring landowners' property.


Hilyar V. Union Ice Co., Jesse W. Carter Jul 1955

Hilyar V. Union Ice Co., Jesse W. Carter

Jesse Carter Opinions

Nonsuit as to driver was improper in injured minor's personal injury action because evidence was sufficient on negligence issue to permit submission to jury but nonsuit was proper as to corporation because evidence of agency was insufficient.


Snyder V. Southern California Edison Co., Jesse W. Carter Jul 1955

Snyder V. Southern California Edison Co., Jesse W. Carter

Jesse Carter Opinions

Based on the duties imposed upon the utility company by statute and Public Utilities Commission, it was liable for the failure of the independent contractor to perform its duties, thereby causing injuries to two of the contractor's employees.


Hillman V. Garcia-Ruby [Dissent], Jesse W. Carter May 1955

Hillman V. Garcia-Ruby [Dissent], Jesse W. Carter

Jesse Carter Opinions

Although the trial judge erred in instructing the jury that the owner of a dangerous animal had only a duty of ordinary care, the judge's error was not prejudicial to the injured party.


Doran V. San Francisco [Dissent], Jesse W. Carter Apr 1955

Doran V. San Francisco [Dissent], Jesse W. Carter

Jesse Carter Opinions

Pedestrians who negligently stepped in front of a trolley bus and were simultaneously hit and injured were not entitled to an instruction on the last clear chance doctrine because they admitted seeing the trolley bus before stepping into the street.


Warner V. Santa Catalina Island Co., Jesse W. Carter Apr 1955

Warner V. Santa Catalina Island Co., Jesse W. Carter

Jesse Carter Opinions

In an action for damages for loss of eyesight after a bullet ricocheted and shattered in a shooting gallery, injuring plaintiff's eye, a nonsuit was granted in error to the bullet manufacturer; evidence of negligence was sufficient to go to the jury.


Jensen V. Minard [Dissent], Jesse W. Carter Apr 1955

Jensen V. Minard [Dissent], Jesse W. Carter

Jesse Carter Opinions

The trial court erred in giving certain instructions requested by defendant because the jury should not have been foreclosed from considering evidence provided by the happening of the accident itself in determining whether defendant was negligent.


Mcbride V. Atchison, T. & S. F. R. Co., Jesse W. Carter Feb 1955

Mcbride V. Atchison, T. & S. F. R. Co., Jesse W. Carter

Jesse Carter Opinions

Judgment of nonsuit was improper in action for damages for personal injuries sustained by passenger, who fell on steps while disembarking from train. It was jury question whether company's servant was guilty of breach of duty owed by common carrier.


Badella V. Miller, Jesse W. Carter Feb 1955

Badella V. Miller, Jesse W. Carter

Jesse Carter Opinions

The operators of riding stables were entitled to a further hearing on their motion to change the venue of an action brought by the relatives of the decedent where there was no evidence of clerical error or judicial inadvertence.


M & M Livestock Transport Co. V. California Auto Transport Co., Jesse W. Carter Jan 1955

M & M Livestock Transport Co. V. California Auto Transport Co., Jesse W. Carter

Jesse Carter Opinions

A truck passing another truck was not contributorily negligent in a collision with a truck coming from the opposite direction where the evidence showed that the other truck was going too fast and was out of control.