Bannister

The defendant appeals from the judgment and from an order denying its motion for a new trial.

The action is one wherein the plaintiffs have demanded judgment against the defendant for damages incident to injuries received by the plaintiff Amy L. Bannister on the twenty-ninth day of January, 1912, when she was struck down by a motor truck of the defendant on Broadway Street in the city of Los Angeles at the south side of the intersection of Broadway with Fourth Street. The accident occurred immediately after Mrs. Bannister (hereinafter called the plaintiff) had alighted from a northbound street-car on Broadway at said intersection • and it is charged that the collision of said motor truck with the plaintiff and the consequent injuries were caused by the carelessness and negligence of the defendant in the operation of the truck. Judgment was entered in the sum of three thousand five hundred dollars pursuant to verdict in favor of the plaintiffs.

The grounds of appeal urged hy counsel for appellant are that there was no negligence on the part of the appellant; that pneumonia contracted by the plaintiff three weeks after the date of the accident is too remote to constitute an…