Murray

Murray v. United Railroads

Good Law
1920 Cal. App. LEXIS 256·49 Cal. App. 462·193 P. 596
Court of Appeal of CaliforniaOctober 5, 1920Civ. No. 3505.California1,258 words

Opinion

Lead Opinion

Richards, J.

This is an appeal from a judgment in favor of the plaintiff in an action for damages for personal injuries alleged to have been sustained by plaintiff while a passenger on one of the defendant’s cars.

The first contention of the appellant is that the trial court erred in overruling the defendant’s general demurrer to the plaintiff’s amended complaint. The averments of said complaint are, in substance, that on the fourth day of March, 1915, said plaintiff was a passenger upon one of the defendant’s cars being run and operated by it in an easterly direction from Sansome Street to the Embarcadero, in San Francisco; that when said car reached the Embarcadero it was run or operated around the curve or loop in defendant’s tracks at that point, and while on said curve or loop was stopped by said defendant for the purpose of enabling passengers to alight therefrom; that after said car had been stopped by said defendant for said purpose the plaintiff arose from her seat within said car for the purpose of walking to the end thereof and alighting therefrom, and that after she had thus arisen and was about to walk toward the end of said car in order to alight therefrom the defendant…

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