Shea

The City of San Bernardino appeals from a judgment for plaintiffs in an action to recover damages for personal injuries received by plaintiff Georgia 0. Shea while she was a passenger in an automobile driven by her husband, plaintiff John J. Shea, on the streets of the city. The cause is here by transfer, after decision and judgment in the Fourth District Court of Appeal, per Jennings, J.

The accident occurred at a point on “E” Street, San Bernardino, where said street intersects the right of way of the Atchison, Topeka & Santa Fe Railway Company. The crossing was very rough. There was a break in the grade of the street at that point, and the north rail of the railroad track was three inches higher than the south rail. As the automobile proceeded at about twenty miles per hour across the intersection, the rear part of the vehicle was suddenly thrown upward, causing Georgia 0. Shea to be precipitated to the floor of the car, thereby sustaining a fracture of the dorsal vertebra. This action was originally brought against both the city and the railway company, but was dismissed as to the railway company on motion of plaintiffs prior to submission of any evidence.

In affirming the…