Abelseth

Abelseth v. City & County of San Francisco

Good Law
129 Cal. App. 552·1933 Cal. App. LEXIS 1124·19 P.2d 53
Court of Appeal of CaliforniaFebruary 10, 1933Docket No. 8441.California1,329 words

Opinion

Lead Opinion

Sturtevant, J.

The plaintiffs, husband and wife, commenced this action to recover damages alleged to have been incurred from injuries sustained by Mrs. Abelseth when she was hit about 2:15 P. M., July 29, 1929, by one of the defendants’ street-cars. The accident happened on Market Street east of Eighth. Street. Near the place of the collision there is a pedestrian. lane crossing Market Street. Mrs. Abelseth had been in the Crystal Palace Market and came out with a package in her hand and was in the act of crossing from the south .side of Market to the north side. It was the contention of the plaintiffs that as she was in the pedestrian lane in the act of crossing Market Street one of the defendants’ cars approached from her left and knocked her down. On the other hand it was the contention of the defense that she was carrying in her left arm a bundle that obscured her view of the traffic approaching from the west and furthermore that she was not in the lane but was some distance east walking diagonally across Market Street, that she was not hit but fell of fright. The plaintiffs further contend that under the doctrine of the last clear chance the defendants were liable whether Mrs. Abelseth was…

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