Meier

Action by plaintiffs who are husband and wife, to recover damages for and in consequence of personal injuries alleged to have been sustained by plaintiff Sophie Meier as a result of defendant’s negligence. Judgment in accordance with the verdict of a jury was entered in favor of plaintiffs, from which, and on order of court denying his motion for a new trial, defendant appeals.

The complaint alleged defendant was at the time in question driving his automobile at a “high and fast rate of speed,” in the center of the roadway on Ocean Avenue, which was a public street extending north and south in the city of Santa Monica; that plaintiff Sophie Meier alighted from a street car at the intersection of said Ocean Avenue and Washington Avenue and walked across said Ocean Avenue, the street upon which defendant was driving, toward the east side thereof, and when she reached the center of said Ocean Avenue “the defendant herein willfully, carelessly and negligently, and without any warning whatsoever, and without any fault on the part of said plaintiff Sophie Meier, collided with and struck said Sophie Meier with his said automobile,” causing personal injuries to her damage in the sum of…