Pedrow

This is an action for personal injuries alleged to have been received by the plaintiff Lydia Pedrow through and by the negligence of the defendants. The complaint alleges the facts in detail, and prays for damages—damage to Lydia Pedrow, damage to Thomas J. Pedrow, and for doctor’s bill and medicine, each separately stated—in the total sum of $1,750. The answer specifically denies the allegations of the complaint and sets up as a special defense contributory negligence.

The cause was tried by the court without a jury and plaintiffs were awarded judgment in the sum of $369.

The defendants appeal from the judgment, supporting the same by a transcript of the proceedings taken at the trial as authorized by section 953a of the Code of Civil Procedure.

The principal point is that there is no evidence which sufficiently supports the findings.

The plaintiffs, as the title indicates, are husband and wife, and, at the time the injuries herein complained of were sustained, resided in Yuba City, in Sutter County. The defendant Federoff was .at said time the owner of a taxicab business in the city of Marysville and locally en gaged in the transportation of passengers from place to place…

Two points are urged for a rehearing of this cause. The point first made in the petition was practically considered and disposed of in the original opinion. It is this: That the testimony of Mrs. Pedrow is, upon its face, plainly incredible and that, in deciding the case, the trial court should have attached to it no weight whatsoever and that, in giving it credit, as presumptively it did, it abused its discretion. It is to be conceded that Mrs. Pedrow made one statement while testifying which does not bear the earmarks of truth, and that was that, while in the act of alighting from the cab, she at the same time handed to the driver, still sitting in the taxi and at the wheel, the fare for conveying her and her daughter to Yuba City. This statement appears to be incompatible with her testimony that, on attempting to leave the car, and while her body was outside the cab, she was thrown to the ground by reason of a lurch or sudden movement of the taxi. But we paid no specific attention to that apparent inconsistency in the former opinion because, as shown in said opinion, the record showed that the judge, in deciding the case, stated that he would be inclined to give defendant…