Karsey

Karsey v. City & County of San Francisco

Good Law
130 Cal. App. 655·1933 Cal. App. LEXIS 1049·20 P.2d 751
Court of Appeal of CaliforniaMarch 29, 1933Docket No. 8712.California1,850 words

Opinion

Lead Opinion

Spence, J.

Plaintiffs brought this action against the City and County of San Francisco and L. E. Boynton, its motorman, to recover damages arising out of personal injuries sustained by plaintiff Josephine Karsey, while riding as a passenger on a Municipal Street Railway car. The cause was tried by the court sitting with a jury. Upon motion of defendants made at the close of the testimony, the trial court directed the jury to return a verdict in favor of defendants. From the judgment entered upon said directed verdict, plaintiffs appeal.

Plaintiff Josephine Karsey boarded an eastbound car on Geary Street at Octavia and said car again started on its way. After paying her fare said plaintiff proceeded through the rear open portion of the car and opened the door for the purpose of entering the closed portion thereof. After entering and while plaintiff was holding the door handle in the act of closing the door, the motorman “slugged” the ear, bringing it to a sudden stop, thereby breaking plaintiff’s hold on the door handle, throwing her violently to the floor and causing the injuries. There is no dispute concerning the manner in which the car was stopped. Both the motorman and conductor…

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