Civil: Jury Instruction, Status of Common Carrier Disputed
“To prove that Defendant was a common carrier, Plaintiff must prove that it was in…
Civil: Jury Instruction, Common Carrier
“Plaintiff claims that he was harmed by Defendant’s negligence while he was a passenger on…
Civil: Jury Instruction, Comparative Fault—Duty to Approach Crossing With Care
“A driver approaching a railroad crossing is required to use reasonable care to discover whether…
Civil: Jury Instruction, Installing Warning Systems
“Railroad companies must post signs or other devices that give the public reasonable warning of…
Civil: Jury Instruction, Lookout for Crossing Traffic
“A train operator must keep a reasonable lookout for vehicles and people. If an operator…
Civil: Jury Instruction, Regulating Speed
“A railroad company/ train operator must use reasonable care to control the train’s speed as…
Civil: Jury Instruction, Duty to Comply With Safety Regulations
“Railroad companies must obey safety regulations. Regulations state only the minimum measure of care required…
Civil: Jury Instruction, Basic Standard of Care for Railroads
“Railroad companies must use reasonable care to avoid causing injury to anyone crossing railroad tracks…
Civil: Jury Instruction, Definition of “Emergency” (Veh. Code, § 21055)
“An “emergency” exists if the driver of an authorized emergency vehicle is responding to an…
Civil: Jury Instruction, Emergency Vehicle Exemption (Veh. Code, § 21055)
“Defendant claims that a public employee was not required to comply with Vehicle Code section…