Armock
Armock v. United Railroads of S. F.
Opinion
Lead Opinion
Kerrigan, J.
Action for damages for personal injuries. Plaintiffs, who are husband and wife, sued the United Railroads of San Francisco and the Stringer Storage Company, both corporations, alleging that Dora Armock re ceived serious bodily injuries through the concurring negligence of the two companies. Each defendant denied the negligence charged against it, and the Railroad Company pleaded affirmatively contributory negligence on the part of plaintiffs. Trial was had by jury and a verdict in favor of plaintiffs and against defendant Stringer Storage Company was rendered in the sum of two thousand five hundred dollars. The appeal is from such judgment. As ground for reversal it is first claimed that a motion for a nonsuit made by this defendant was improperly denied and should have been granted, for the claimed reason that the evidence showed no actionable negligence against this defendant, but did show a clear case of gross negligence on the part of its codefendant, the United Railroads. In support of their allegations of negligence plaintiffs herein relied solely upon their own testimony. Their evidence in substance shows that on the afternoon of the day of the accident plaintiffs,…