Mac Gregor v. Pacific Electric Railway Co.

The jury returned a verdict for plaintiffs in the sum of $4,500 for personal injuries received by plaintiff May Beatrice Mac Gregor when she was struck by an electric train of defendant Pacific Electric Bailway Company. On this appeal from the judgment entered on said verdict, defendant railway company contends that plaintiff was guilty of contributory negligence as a matter of law.

The accident took place at about 2:30 o ’clock on the afternoon of September 4, 1934. Defendant operates its electric trains on double tracks over its private right of way, which separates the north and south sides of San Vicente Boulevard, in the city of Santa Monica. Westbound trains use the north track, eastbound trains the south track. Plaintiff, a passenger on the westbound train from Los Angeles, left the train when it stopped west of Nineteenth Street, beyond the usual stopping place for westbound trains. As she was about to cross the southerly track, she was struck by an. eastbound train. Defendant invokes the stop, look and listen rule to establish contributory negligence of plaintiff as a matter of law. Plaintiff answers that said rule does not apply in all its strictness at railroad…