Scharpf

Scharpf v. Union Oil Co. of California

Good Law
19 Cal. App. 100·1912 Cal. App. LEXIS 83·124 P. 864
Court of Appeal of CaliforniaMay 17, 1912Civ. No. 1111.California1,321 words

Opinion

Lead Opinion

James, J.

Plaintiff brought this action to recover damages for personal injuries suffered by her as the alleged result of the negligent acts of defendant. Judgment in her favor for $2,500 was entered upon the verdict of a jury. An appeal has been taken from the judgment, and also from an order denying a motion made by defendant for a new trial.

Plaintiff on the day when she suffered her alleged injuries was riding in a vehicle termed in the evidence a light delivery wagon, to which was attached one horse. She was proceeding down Boyle avenue, in the city of Los Angeles, and where that avenue intersects at right angles with Seventh street she turned about the corner preparatory to traveling toward the center of the city on said Seventh street. As she made this turn the left wheel of her vehicle sank into a hole, which caused her to pitch forward violently and fall to the ground. She was a large woman and struck the ground heavily upon her shoulder and received a severe shock and other injuries. As she fell to the ground the horse became frightened and started forward, pulling the wheels of the vehicle across her feet. Prior to the day upon which the accident to plaintiff occurred a…

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