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- Negligence (11)
- Personal injury (7)
- Automobile accident (5)
- Tort reform (5)
- Wrongful death (4)
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- Evidence (3)
- Jury instructions (3)
- Products liability (3)
- Res Ipsa Loquitur (3)
- Auto accident (2)
- Automobile liability (2)
- Civil liability (2)
- Contributory negligence (2)
- Last clear chance doctrine (2)
- Medical malpractice (2)
- Medical malpractice liability (2)
- Negligence, recovery for injury (2)
- Nonsuit (2)
- Res ipsa loquitur (2)
- Actions for Wrongful Death (1)
- Asbestos (1)
- Assumption of Risk (1)
- Breach of warranty (1)
- Care Toward Children (1)
- Care as to Guests (1)
- Citizen's arrest (1)
- Contributory Negligence (1)
- Contributory negligence, credibility, duty of care (1)
- CrossFit (1)
- Damages (1)
- Publication Year
Articles 31 - 60 of 89
Full-Text Articles in Law
Tucker V. Lombardo [Dissent], Jesse W. Carter
Tucker V. Lombardo [Dissent], Jesse W. Carter
Jesse Carter Opinions
No prejudicial error existed when the jury instructions correctly informed the jury about the shooter's degree of care in firing a gun on a skeet range and informed the jury about contributory negligence and assumption of the risk.
Danner V. Atkins [Dissent], Jesse W. Carter
Danner V. Atkins [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a case involving a truck's unexplained collision with a building, doctrine of res ipsa loquitur did not apply as to truck driver where the truck was under the control of a mechanic rather than of the driver just before the accident.
Panopulos V. Maderis [Dissent], Jesse W. Carter
Panopulos V. Maderis [Dissent], Jesse W. Carter
Jesse Carter Opinions
Passengers who were injured in an accident while they were guests in car, just after the driver stepped out, could not recover for their resulting injuries unless they showed that the driver was intoxicated or engaged in wilful misconduct.
Mccarthy V. Tally, Jesse W. Carter
Mccarthy V. Tally, Jesse W. Carter
Jesse Carter Opinions
To recover liquidated damages, lessor had to prove that damages were extremely difficult of ascertainment at the time the parties entered into lease and that the agreed-upon sum represented a reasonable endeavor to ascertain what damages would be.
Hudson V. Rainville [Dissent], Jesse W. Carter
Hudson V. Rainville [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a pedestrian's personal injury action, the trial court properly submitted the issue of an automobile driver's negligence to the jury where the evidence presented a question of fact as to that issue.
Simmons V. Rhodes & Jamieson, Ltd. [Dissent], Jesse W. Carter
Simmons V. Rhodes & Jamieson, Ltd. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Grant of nonsuit was affirmed because welder failed to demonstrate that company that sold him cement breached implied warranty of fitness for particular purpose. Cement was fit for purpose for which it was used, and company was not negligent.
Rogers V. Los Angeles Transit Lines, Jesse W. Carter
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
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
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
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
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
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
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
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
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
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
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
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.
Peterson V. Robison [Dissent], Jesse W. Carter
Peterson V. Robison [Dissent], Jesse W. Carter
Jesse Carter Opinions
Judgment was reversed in wrongful imprisonment action and individual could not be liable because it was manifestly unfair to impose civil liability on private person for filing a citizen's arrest when the law declared it a misdemeanor if he refused.
Palmquist V. Mercer [Dissent], Jesse W. Carter
Palmquist V. Mercer [Dissent], Jesse W. Carter
Jesse Carter Opinions
Decision that nonsuited plaintiff's action at close of his case was reversed where questions of fraud and breach of warranty or duty existed as to stable owner. Decision was affirmed as to oil company defendants who owed no similar duties.
Stafford V. Shultz, Jesse W. Carter
Stafford V. Shultz, Jesse W. Carter
Jesse Carter Opinions
In an action for medical malpractice, the statute of limitations had been tolled by medical practitioners' failure to fully disclose to a patient the extent of his injuries and the probability of future disability.
R. E. Spriggs, Inc. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
R. E. Spriggs, Inc. V. Industrial Acci. Com. [Dissent], Jesse W. Carter
Jesse Carter Opinions
In determining the credit against compensation liability due to an employer for damages recovered by its employee from a third party tortfeasor, the employee's attorney's fees were deductible from the recovery only in a judicial action.
Holm V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
Holm V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
Jesse Carter Opinions
A writ of prohibition directed at restraining the enforcement of a order of inspection was granted in part where certain documents ordered produced in a personal injury action were protected by the attorney-client privilege.
Carroll V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
Carroll V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
Jesse Carter Opinions
In an individual's personal injury action, photographs taken of an accident scene by the defendant corporation for use by its attorneys were privileged and were not subject to inspection by the individual.
Thompson V. Lacey, Jesse W. Carter
Thompson V. Lacey, Jesse W. Carter
Jesse Carter Opinions
Dismissal of wrongful death action filed by administratrix of passenger's estate was improper because passenger was "passenger" in driver's car and not "guest," as driver, who was passenger's boss, was reimbursed for his expenses by their employer.
Cucinella V. Weston Biscuit Co. [Dissent], Jesse W. Carter
Cucinella V. Weston Biscuit Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
The refusal to give the jury instructions that were requested by a pedestrian did not provide grounds to reverse the jury's verdict for a driver because the claimed error was not prejudicial and did not result in a miscarriage of justice.
Aetna Casualty & Sur. Co. V. Pacific Gas & Elec. Co. [Dissent], Jesse W. Carter
Aetna Casualty & Sur. Co. V. Pacific Gas & Elec. Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Action brought by compensation insurance carrier to recover insured's employee's general tort damages for an industrial injury caused by corporation was barred by special statute setting a one-year statute of limitations.
Leo V. Dunham [Dissent], Jesse W. Carter
Leo V. Dunham [Dissent], Jesse W. Carter
Jesse Carter Opinions
A driver was entitled to a jury instruction on the doctrine of imminent peril in a pedestrian's negligence action because the driver may not have anticipated that the pedestrian would not yield the right of way as he walked across the highway.
Burge V. San Francisco [Dissent], Jesse W. Carter
Burge V. San Francisco [Dissent], Jesse W. Carter
Jesse Carter Opinions
Plaintiff minor child, by his father, was not entitled to sue defendant city to recover damages for personal injuries because the minor child's mother, having the care of the minor child, had the authority to compromise the claim in question.
Connor V. Grosso [Dissent], Jesse W. Carter
Connor V. Grosso [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant who dumped dirt on a landowner's property could not be required to pay for removal of the dirt dumped by others because defendant did not act in concert with the other persons dumping dirt on the land.