De Gruchy v. City & County of San Francisco

The plaintiff commenced an action to obtain a judgment for damages caused by being thrown to the street when he was attempting to board one of the street-cars being operated by the agents of the defendant. The defendant answered and a trial was had in the lower court by the court sitting with a jury. The jury returned a yerdict in favor of the plaintiff and from a judgment entered thereon the defendant has appealed.

The defendant makes several points which may be reduced to two. The plaintiff erred in introducing certain prejudicial evidence and later in the use he made of it. In his complaint the plaintiff alleged that he suffered serious injuries and that said injuries were caused by the defendant’s street-car. The defendant admitted the plaintiff suffered the injuries but denied that the injuries were caused by the negligence of its street-car. On the trial it was the claim of the plaintiff that while he was in the act of boarding a standing car at Geary and Larkin Streets and before he could get a secure footing thereon, the defendant’s agents started the ear, causing plaintiff to fall, and then dragged him some distance. On the other hand, it was the claim of the defendant…