Badger

Badger v. City & County of San Francisco

Good Law
1919 Cal. App. LEXIS 342·41 Cal. App. 571·182 P. 978
Court of Appeal of CaliforniaJune 13, 1919Civ. No. 2778.California1,089 words

Opinion

Lead Opinion

Richards, J.

This is an appeal from a judgment in plaintiff’s favor in an action for damages for the death of George H. Badger, the husband of plaintiff Anna B. Badger, through the alleged negligence of the corporation defendant’s employees in the operation of its municipal railway, and is taken by said corporation.

The appellant contends that its motion for nonsuit should have been granted; and this having been denied, that ¡ the verdict of the jury and judgment of the court should have been in its favor by reason of the absence of any evidence showing negligence on the part of its employees, and also by reason of the contributory negligence of the decedent.

On the threshold of an examination into the merit of these contentions the language of Mr. Justice Shaw in the case of Scott v. San Bernardino Valley etc. Co., 152 Cal. 606 , [ 93 Pac. 677 ], may be aptly referred to as indicating the scope of inquiry of this court upon appeal in like cases:

With the foregoing instructive views as our guide, we will address ourselves to the evidence in the case.

On the morning of the fifteenth day of October, 1915, George H. Badger, a man of fifty-nine years of age, residing with his family on Johnson…

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