Los Angeles herald., 1891-09-22
THE SUPREME COURT.
A NUMBER OF DECISIONS RECEIVED
YESTERDAY.
Barrett VS.. the Southern Pacific Company.
The Pico Street Electric Railway Case.
Other Matters Acted Upon.

Eight decisions were received yester-
day by M. j. Ashmore, deputy clerk Of
the supreme court.
In the case of Barrett, respondent, VS..
the Southern Pacific company, the judg-
ment and order of the superior court is
affirmed. The case has been pending
in the courts for long time, and was
brought against the railroad company
for damages alleged to have been .sus-
tanned by the plaintiff, through the
negligence of the defendant. The
plaintiff recovered $500 damages, and
the appeal was taken from an order of
the superior court denying motion for
a new trial to the defendant.
This is the case where boy eight
years old, at Santa Ana, had his leg in
jured while playing with other boys on
turn-table belonging to the company.
AS result of the accident the boys leg
was amputated. The company contended
that it was not guilty of negligence;
that the turn-table was tasted in the
usual manner, and the plaintiff was
wrongfully upon the premises. The
court holds, however, that it is maxim
OF the law thas one must so use and en-
Joy his property as to interfere as little
as possible with the comfort and safety
of others, consistently with its proper
use. Whether in this case there was
such negligence as to constitute legal
negligence, was matter of fact for the
jury. 1t is no answer to say that the
nl1. oN,1 hot khAt t.r
imposes no duty on the defendant
to make its premises a safe playing
ground for children. A child is expected
TO exercise only such care and self-re-
straint as belongs to childhood. The
fact that the turn-table was latched was
not conclusive proof that the defendant
exercised ordinary care; and the liabil-
ity of the defendant is not affected by
the fact that the turn-table was set in
motion by the negligent act of other
boys.
In the case of Etchepare, appellant,
vs.. Sheriff Aguirre, respondent, an ac-
ton to recover possession OF personal
property seized by the sheriff on a writ
of attachment, the order denying new
trial is affirmed, but the judgment is re-
versed, and the court below is directed
to enter a judgment on the verdict in
favor of the plaintiff. The sheriff seized
the property as the property of the de-
fendant in the attachment suit, from
whom the plaintiff claims to have pur-
chased it before the levy of the attach
ment. 1t was alleged that the sale of
the property to plaintiff was fraudulent
and void as to the creditors. The jury
gave a verdict for the defendant for
$500, and the appeal was from thejudg-
ment.
An important decision was received
in the case OF the People VS.. Los An
geles Electric Railway company, which
gives a new lease of life to the Pico-
street electric road. The city brought
action in 1886 to forfeit the franchise OF
the company, claiming that the city had
no right to grant authority to any cor
poration to lay railroad tracks through
the street whereupon cars were to be
propelled by electricity; also, that if it
had had the right, the company had for
feited it's right by failure to complete
the road within three years from the
date of the ordinance.
The complaint was demurred to by the
defendant; the demurrer was overruled,
defendant failed to answer and judg-
ment by default was entered against it,
forfeiting the franchise. Since the ap-
peal was taken, the court says, the leg
islature has passed two acts which have
an important bearing upon the case.
By one the civil code is so amended as
to invest municipal corporations with
the power to grant right to propel cars
by electricity; and by the other ordi-
nances granting such franchises passed
prior to the passage of the act are con-
firmed and made valid. If constitu
tional, the efficacy of the act of the leg
islature cannot, in the opinion of the
court, be doubted. After discussing the
matter at some length, the court holds
that the act is constitutional. AS to
the allegation that some portions of
the road have not been constructed,
although the time has elapsed, it is held
that it does not appear that at the date
of the commencement of this action the
time fixed for the completion of the rail-
road had expired. The judgment is re-
versed, with directions to the court be-
low to sustain the demurrer to the COM
plant.
Judgment was affirmed in the follow
ing cases: Smith ct al, respondents, VS..
Phoenix Insurance company, appellant ;
Smith ct al, respondents, VS.. the Penn
sylvana Fire Insurance company, ap-
|
vs. American Fire Insurance company,
appellant.
In the case of Warner, respondent, VS..
Darrow, appellant, the judgment and
orders are reversed. The lower court
granted non-suit as to matters alleged
in a cross-complaint.
The judgment is affirmed in the case
OF Nat. Johnson, respondent, VS.. King ct
al, appellants, an action against the
sureties on an undertaking on appeal.
Judgment was rendered for the plaintiff
on the pleadings, from which the appeal
was taken.
In the case of E. G. Judson ct al, re-
spondents, VS.. Matthew Gage, appellant,
an action on two promissory notes, the
judgment is affirmed.
''It is fact" that Hoods Sarsaparilla does
| cure scrOfula, salt rheum and other diseases or