Frederick

Frederick v. San Francisco-Oakland Terminal Railways

Good Law
1920 Cal. App. LEXIS 340·48 Cal. App. 336·291 P. 1020
Court of Appeal of CaliforniaJune 28, 1920Civ. No. 3315.California2,336 words

Opinion

Lead Opinion

Knight, J.

This is an appeal by plaintiffs from a judgment rendered in favor of the defendant San Francisco-Oakland Terminal Railways, a corporation, in an action brought by plaintiff, Tillie Frederick, and her husband,' Frank Frederick, to recover damages for personal injuries claimed to have been sustained by Mrs. Frederick through the negligence of the defendants while she was riding as a passenger on the street-car of said defendant corporation in the city of Oakland. The action was tried by the court sitting without a jury. The street-ear on which Mrs. Frederick was injured was at the time in charge of the defendant A. H. Stewart, as motorman, and of William J. Morehead, as conductor. The action abated as to the defendant Stewart on account of his death, which occurred prior to trial. East 16th' Street without colliding with the street-car had cut across the corner and attempted to make the turn around and down East 16th Street and run parallel with the car, but was unable to do so, and crashed into the side of the street-car, breaking the air pipe-line controlling the air-brakes. There is a descent in the grade on Bast 16th Street eastwardly from 12th Avenue, and finding that the…

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