# Brown v. Los Angeles Railway Co.

> California Court of Appeal · January 8, 1906 · 2 Cal. App. 618

URL: https://www.frixlaw.com/law-library/cases/3292265

## Case

- **Full name:** WILLIAM R. BROWN, Respondent, v. LOS ANGELES RAILWAY COMPANY, Appellant
- **Court:** California Court of Appeal
- **Decided:** January 8, 1906
- **Citations:** 2 Cal. App. 618; 84 P. 362; 1906 Cal. App. LEXIS 144
- **Precedential status:** Published
- **Opinion:** Concurrence
- **Judges:** Beatty, Gray, Smith
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3292265

## Opinion text

I concur in the principal opinion and in the reasoning thereof; and, in addition, I think a reasonable conclusion from all the evidence is that, while the plaintiff may have been negligent, yet the motorman had actual notice of the dangerous position in which plaintiff had placed himself, and a clear opportunity to have avoided the collision by the exercise of reasonable diligence to do so after he saw the dangerous position in which plaintiff was placing himself. A street-car running into the third in a series of a horse and three vehicles, coupled together and passing before it, is pretty good evidence of gross negligence on the part of the motorman.
A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on March 8, 1906, and the following opinion rendered thereon:

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3292265. Public record. Not legal advice.