Milner
Milner v. Toliver
Opinion
Lead Opinion
Pearis, J.
The appeal in the above-entitled action is from two verdicts by a jury in the consolidated cases, one in favor of Anna Milner for two thousand dollars and one in favor of Olive Milner, her daughter, in the sum of one thousand dollars. These actions grew out of an accident occurring about 9:50 P. M. on the eighteenth day of February, 1922, at or near the intersection of Alvarado and Sixth Streets in the city of Los Angeles. The plaintiffs were crossing Alvarado Street from the southeast corner of Alvarado and Sixth Streets to the westerly side of Alvarado Street, and were struck by the ear of defendant. Plaintiffs allege negligence on the part of defendant and the answer alleges contributory negligence on the part of plaintiffs. It was contended by plaintiffs that they were crossing Alvarado Street after having looked in both directions, particularly, first to the south and after they crossed the street-car lines, to the north; that they did not see any car but the streetcar until the automobile was within about a foot of them; that they were walking at a moderate rate of speed and were within about six feet of the west side of Alvarado Street when hit by the car. The defendant…