Ross

Action by husband and wife to recover damages sustained by the wife for personal injuries alleged to have been caused by defendant’s negligent operation of an electric street-car.

Plaintiffs appeal from a judgment in favor of defendant, entered upon an order of court granting the latter’s motion for a nonsuit made at the close of plaintiffs’ evidence.

Defendant was the owner of a double-track electric railway line which crossed North Avenue 59 on a street in Los Angeles known as Pasadena Avenue, and over which latter street it operated cars for the transportation of passengers. At the time of the accident in which plaintiff sustained the injuries complained of she, in the daytime, as a passenger on one of defendant’s out-bound cars, operated easterly over the southerly track, was returning from the city of Los Angeles to her home on Avenue 59. When the car on which she was traveling reached Avenue 58 she indicated her desire to get off at Avenue 59, at which point defendant’s cars operated in either direction were stopped only upon signals given by passengers that they wished to get on or off its ears at such place. The car was accordingly stopped at the usual stopping place for…