Maxwell

Maxwell v. Fresno City Railway Co.

Good Law
1907 Cal. App. LEXIS 232·4 Cal. App. 745·89 P. 367
Court of Appeal of CaliforniaFebruary 5, 1907Civ. No. 287.California2,529 words

Opinion

Lead Opinion

Hall, J.

Plaintiff brought this action against defendant to recover damages for injuries sustained by her while a passenger on a car operated by defendant. The jury having rendered a verdict for plaintiff, defendant moved for a new trial, and this being denied, appealed from the order denying its motion for a new trial as well as from the judgment.

It is urged that the evidence in the case fails to show that defendant was guilty of any negligence, and that it does show that the plaintiff’s own negligence was the cause of her injury, or contributed thereto.

Plaintiff took passage on one of defendant’s cars, and in stepping from such car to the ground, when the car had stopped for her to transfer to another car of defendant in order to complete her trip, her ankle was seriously injured. In her complaint she charges that defendant neglected to maintain a proper and suitable place for passengers to alight, and that on the occasion in question it carelessly and negligently operated its car so as to stop the same for plaintiff to alight at an unsuitable and dangerous place.

Common carriers of passengers are bound to exercise a very high degree of care, and are liable for slight neglect. “A…

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