Lynch v. Market Street Railway Co.

An action to recover for personal injuries alleged to have been caused by the negligence of defendants.

A jury returned a verdict for the plaintiff, and defendants have appealed. The grounds for the appeal are that the verdict is unsupported, that plaintiff’s counsel was guilty of prejudicial misconduct, and that the trial court erred in its charge to the jury, in refusing certain instructions requested by defendants and in denying a motion for a new trial.

The injuries occurred near the intersection of Twenty-ninth and Mission Streets in San Francisco at about 1:30 o’clock A. M. of March 25, 1929. Plaintiff resided on Cortland Avenue, and on the morning in question was returning to his home on a car operated by defendant company. This car turned south on Mission Street, and thence ran westerly on Twenty-ninth Street, where it stopped and plaintiff alighted, it being his intention to transfer to a Cortland Avenue car, also operated by defendant company. He alleged “that when said street-car approached the place where plaintiff was standing tl e same was brought to a stop for the purpose of permitting plaintiff to board the same; that plaintiff thereupon proceeded to board the…