Sander

Sander v. Los Angeles Ry. Corporation

Good Law
1918 Cal. App. LEXIS 224·38 Cal. App. 222·175 P. 901
Court of Appeal of CaliforniaSeptember 19, 1918Civ. No. 2570.California2,960 words

Opinion

Lead Opinion

James, J.

Defendants appeals from a judgment entered in favor of plaintiff and from an order denying its motion for a new trial.

The action was to recover damages alleged to have been suffered by the plaintiff through the negligence of the defendant. Defendant was a common carrier of passengers, and plaintiff was a passenger on one of its electric cars in the city of Los Angel'es when she suffered her alleged injuries. The car upon which plaintiff was riding was at a standstill, having stopped to permit the discharge of passengers. Plaintiff was preceded from the car by her husband. As she reached the exit space opposite the steps (there being two of the latter) she had a package in her right hand and took hold of the hand-guard with her left. As she stepped downward upon the steps her skirt was caught on a protruding knob affixed near the floor at the left of the exit, and she was thrown to the street, where she struck upon her back. In her complaint the negligence charged against the defendant was that the knob was negligently placed in its position by the defendant, and so placed as to constitute a dangerous contrivance. The case was tried before the court sitting without a jury, and by…

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