Teale
Teale v. Southern Pacific Co.
Opinion
Lead Opinion
Hart, J.
This is an action to recover damages for personal injuries which the complaint alleges that the plaintiff,Annie E. Teale, suffered through the negligence of the defendant.
The jury by whom the issues of fact were tried found in favor of the plaintiff, awarding her damages in the sum of twenty-five hundred dollars, for which amount judgment was entered in her favor.
The defendant has brought the case to this court by appeals from the judgment and order denying it a new trial.
The complaint, which is in four counts, alleges (in the third count) that the plaintiff, on the evening of January 21, 1908, at the hour of seven p. M., having been on that day a passenger on one of the defendant’s railway trains running between the city of Oakland and the town of Calistoga, in Napa County, in attempting to alight from said train at the depot in the last-mentioned place, fell to the ground and thereby sustained serious injuries to one of her lower limbs; that the accident thus happening was due to the culpable fault of the defendant because of its failure to maintain on said evening at said depot sufficient light to enable the plaintiff to see her way down the steps from the platform of the…