What is the test for establishing that a violation of section 486 of the California Civil Code creates prima facie liability?

California, United States of America


The following excerpt is from DeArmond v. Southern Pac. Co., 253 Cal.App.2d 648, 61 Cal.Rptr. 844 (Cal. App. 1967):

Plaintiffs rely upon Orcutt v. Pacific Coast Rwy. Co. (1890) 85 Cal. 291, 24 P. 661. It stated that a violation of Civil Code section 486 created prima facie liability. Reliance upon that case as authority involved lifting an isolated paragraph (on p. 297, 24 P. 661) from context. Reading further (on p. 298, 24 P. on p. 662) the court adds: 'Even if, as defendant contends, it was incumbent upon plaintiff to prove that the failure to give the required signals was the proximate cause of the injury before he could recover * * * still, as the evidence on this point was strongly conflicting, we would upon the same principle applicable to a finding by a jury upon conflicting evidence, be constrained to hold that the jury had in finding for the plaintiff impliedly

Page 850

RE THE SPECIAL FINDINGS REQUEST UNDER CODE OF CIVIL PROCEDURE SECTIONS 632, 634

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