Starkey

This is an appeal from a judgment entered on the verdict of the jury awarding plaintiff four thousand dollars damages for personal injuries sustained by him by reason of his being thrown from a car of appellant street railway while in the act of boarding it.

The complaint alleges that on or about October 16, 1924, while plaintiff was waiting to board one of defendant’s westbound cars on Mission Street, at the intersection of Thirteenth Street, he signalled the car to stop, whereupon the car in approaching such intersection slowed down and came to a complete stop with the rear platform opposite the place where he was standing; that he grasped the hand-rail of the car attempting to board it and placed both feet upon the step of the car and was in the act of boarding the car to the platform thereof, when the defendants, and each of them, carelessly, negligently, recklessly, and prematurely, and without warning and without permitting or affording plaintiff a reasonable or any opportunity to reach a position of safety, started the car suddenly and violently and at excessive speed, by reason whereof he was thrown with great force and violence to the pavement and injured. The answer…