Anderson

Anderson v. San Francisco-Oakland Terminal Railways

Good Law
1923 Cal. App. LEXIS 569·61 Cal. App. 21·214 P. 289
Court of Appeal of CaliforniaFebruary 17, 1923Civ. No. 4377.California2,208 words

Opinion

Lead Opinion

Sturtevant, J.

The defendant operates street-cars between Piedmont and Oakland. From Highland Avenue to the east the cars are operated over a private right of way. The diagram attached to the transcript shows a section of that right of way one hundred feet wide and nine hundred feet in length. On the south the private right of way is bounded by Park Way. Hillside Avenue approaches from the south and ends in Park Way. The railroad track comes from a southerly direction and at Highland Avenue swings into the private right of way and then down a grade of seven to eight per cent throughout the strip of ground included in the diagram. For the uses of the patrons of the road the defendant has located on the private right of way opposite the foot of Hillside Avenue a waiting place which is marked on the diagram “Umbrella Shed.” An intending passenger from Hillside Avenue can cross Park Way, then cross a concrete sidewalk, then pass up some stairs to the Umbrella Shed, and if he desires to board a car going toward Oakland it is necessary for him to cross the tracks leading to Piedmont and then continue on his course, going still farther north until he reaches a fence that is on the north side, and there…

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