Baker

This appeal is taken by the defendant railway corporation from judgment in favor of plaintiffs, Charles IT. Baker and Ethel Baker, his wife. The action is for damages for personal injuries sustained by the wife and special damages suffered by the husband in a street-car accident, the complaint alleging negligence on the part of .the railway corporation in suddenly starting the street-car while Ethel Baker, a debarking passenger, was about to alight at her destination.

The charge of negligence is special, the complaint alleging that on April 24, 1929, while plaintiff Ethel Baker was in the act of alighting from a Haight Street car which had stopped on Haight Street at Buchanan Street, San Francisco, the “defendants and each of them, without warning to plaintiff, suddenly and so negligently started said streetcar as to cause plaintiff, Ethel Baker, to be and she was precipitated from the platform of said street car into the intersection of said streets”, and injured in the' “right side of the body in the region immediately above the right hip bone”, and elsewhere. The action was commenced on March 14, 1930.

The railway company’s answer admits its corporate existence and also that…