# Davey v. Southern Pacific Co.

> California Supreme Court · March 22, 1897 · 116 Cal. 325

URL: https://www.frixlaw.com/law-library/cases/5448551

## Case

- **Full name:** ROSALIE DAVEY v. THE SOUTHERN PACIFIC COMPANY, a Corporation
- **Court:** California Supreme Court
- **Decided:** March 22, 1897
- **Citations:** 116 Cal. 325; 48 P. 117
- **Precedential status:** Published
- **Opinion:** Concurrence by McFarland
- **Judges:** Beatty, Fleet, McFarland
- **Cited by:** 291 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/5448551

## Opinion text

McFarland, J., concurring.
I concur in the judgment and in the opinion of Mr. Justice Van Fleet. It is proper to say that owing to the peculiar condition of the record, and the wrong reasons given for exclude ing certáin evidence, the department, on the former hearing, very naturally overlooked the distinction between the position of a party seeking to reverse a judgmerit and that of a party seeking to maintain it.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5448551. Public record. Not legal advice.