Even

Even v. Pickwick Stages System

Good Law
109 Cal. App. 636·1930 Cal. App. LEXIS 603·293 P. 700
Court of Appeal of CaliforniaNovember 18, 1930Docket No. 4086.California2,221 words

Opinion

Lead Opinion

The defendant corporation operated an autostage system during the month of August, 1928, between Clear Lake in Lake County and Ukiah, in Mendocino County. On August 24, 1928, one of the stages so operated by defendant ran off the road, over a steep grade, about eight miles easterly from Ukiah. The plaintiff was a passenger in the stage, and was injured as a result of this accident. Pie prosecuted this action to recover damages for his injuries, and was awarded a judgment from which this appeal was taken. It is first contended for the appellant that there was no evidence offered which justified the judgment, and that the judgment is without support in the evidence. We think, however, that the record shows the contrary. It appears that the road over which the autostage operated was wide and well surfaced, and that it passed through a mountainous country for almost its entire length. At and approaching where the accident occurred, the road wound, in a series of sharp curves, along a cliff about forty-five feet above a creek or stream which is a tributary of the Russian River. The stage proceeded for some time at the rate of about thirty-five miles per hour. When it reached the…

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