Frascona

This is an action to recover damages for personal injuries alleged to have been caused by the negligence of defendant, a common carrier of passengers, while plaintiff was a passenger on one of its street railway cars. The case was tried by the court without a jury. Judgment passed for plaintiff and defendant appeals. The principal question involves the sufficiency of the finding upon the issue of defendant’s negligence as alleged in the complaint.

The complaint alleges a specific act of negligence on defendant’s part. After alleging that, while she was riding as a passenger on defendant’s street-car, plaintiff requested the conductor to let her off at the intersection of San Pedro and Sixteenth Streets, in the city of Los Angeles, and that the conductor thereupon gave the motorman the signal to stop, the complaint proceeds to allege that “said car was brought to a standstill, and while this plaintiff was attempt ing to step from the bottom step on said car to the ground, said ear was suddenly started forward and this plaintiff was violently thrown upon the ground.” The answer denies that the car was brought to a standstill; denies that, while the car was standing still, plaintiff…