Shelton

Shelton v. Los Angeles Railway Corp.

Good Law
122 Cal. App. 533·1932 Cal. App. LEXIS 1058·10 P.2d 470
Court of Appeal of CaliforniaApril 13, 1932Docket No. 8224.California1,282 words

Opinion

Lead Opinion

Burroughs, J.

This is an action for personal injuries alleged to have been sustained by the plaintiff through the negligent operation of a street-ear belonging to the defendant corporation. The cause was tried by the court sitting without a jury. Findings and judgment were entered in favor of the said defendant and the plaintiff has appealed.

The appellant has argued three points, either one of which it is claimed constitutes reversible error. The first two attack the sufficiency of the evidence to sustain the findings of the court and will be considered together. It is alleged in the complaint that on or about the twelfth day of March, 1926, the plaintiff was a passenger for hire on a street-car owned and operated by the defendant corporation; that while she was in the act of getting off of said car, but still on the platform and steps thereof, and at the place where said ear usually stopped to allow passengers to alight, and while said car had stopped, the defendant and its employees negligently and carelessly caused it to be suddenly and violently jerked and started in motion without allowing plaintiff sufficient time to alight therefrom; that in consequence of such negligence plaintiff was…

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