February 13, 1886. A young child strayed from its home onto a railroad track, crossed the track, and fell into an adjoining trench. The track was not fenced on the trench side. In an action against the railroad company for damages, the plaintiff child claimed that its fall was caused by the company's negligence in not fencing the track on the side of the trench. Held, on demurrer to the declaration, that the company was, as to the plaintiff under no obligation so to fence its tracks that the plaintiff
Judicial remedies are such as are administered by the Courts of justice, or by judicial officers empowered for that purpose by the Constitution and statutes of this State. Ca. Civ. Proc. Code § 20 Enacted 1872.
(a) Any of the following methods may be used to obtain discovery within the state from a person who is not a party to the action in which the discovery is sought: (1) An oral deposition under Chapter 9 (commencing with Section 2025.010). (2) A written deposition under Chapter 11 (commencing with Section 2028.010). (3) A deposition for production of business records and things under Article 4 (commencing with Section 2020.410) or Article 5 (commencing with Section 2020.510). (b) Except as provided
(a) A party desiring to take the oral deposition of any person shall give notice in writing. The deposition notice shall state all of the following, in at least 12-point type: (1) The address where the deposition will be taken. (2) The date of the deposition, selected under Section 2025.270, and the time it will commence. (3) The name of each deponent, and the address and telephone number, if known, of any deponent who is not a party to the action. If the name of the deponent is not known, the deposition
(a) Service by fax (1)Agreement of parties required Service by fax transmission is permitted only if the parties agree and a written confirmation of that agreement is made. (2)Service on last-given fax number Any notice or other document to be served must be transmitted to a fax machine maintained by the person on whom it is served at the fax machine telephone number as last given by that person on any document that the party has filed in the case and served on the party making service. (b) Service