Genola

Genola v. Barnett

Good Law
14 Cal. 2d 217·1939 Cal. LEXIS 326·93 P.2d 109
Supreme Court of CaliforniaAugust 18, 1939S. F. 16236California2,220 words

Opinion

Opinion

Pullen, J.

This is an action for personal injuries to plaintiff who was struck, as she was attempting to cross a street between the intersections in a residential district in San Francisco, by a car owned by defendant Arthur A. Barnett and operated at the time by his wife.

At the close of plaintiff's case, a nonsuit was granted on the ground that, as a matter of law, defendant, the operator of the car, was not guilty of negligence, and that plaintiff was guilty of contributory negligence. From this order for non-suit and the judgment entered thereon this appeal was taken.

Reviewing the evidence in the light of the well-known principles governing nonsuit, the record discloses that, about 6 o’clock in the evening of February 3, 1938, the weather being clear and the street well lighted, plaintiff, a woman about sixty-two years of age, left her apartment on the north side of Pacific Avenue between Franklin and Gough Streets, and walked west on Pacific Avenue approximately thirty feet tó a point almost directly opposite a store on the south side of the avenue toward which she was making her way. She stepped off the curb, and proceeded about eight or nine feet into the street, looking easterly…

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