Steers

Steers v. City and County of San Francisco

Good Law
118 Cal. App. 361·1931 Cal. App. LEXIS 222·5 P.2d 32
Court of Appeal of CaliforniaNovember 17, 1931Docket No. 7953.California601 words

Opinion

Lead Opinion

Sturtevant, J.

At about 5 P. M. on the evening of March 18, 1930, the plaintiff Mary Steers walked east on Cabrillo Street in San Francisco. She reached the northwest corner of the street and Tenth Avenue and was intending to cross the latter street. She saw a street-car owned by the City and County of San Francisco coming north on Tenth Avenue and a truck owned ' by the defendant C.. M. Camp coming west on Cabrillo Street. She paused at the corner to allow them to- pass, but they collided in the intersection and the fender on the street-car was knocked through the air toward the plaintiff and struck and broke her left leg. She commenced this action and joined as defendants the city, the motorman on the street-car and the owner of the truck. The action was tried before the trial court sitting with a jury. The jury returned a verdict against all of the defendants and from a judgment entered thereon they have appealed.

A joint answer was filed for the city and the motorman. A separate answer was filed for the defendant Camp and in that verified answer the defendant pleaded (1) certain denials, (2) the contributory negligence of the plaintiffs and (3) the proximate and sole negligence of the…

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