Calihan

The plaintiff, Margaret Caliban, Russell K. Dougherty and two other persons were passengers in a taxicab operated for hire in San Diego by defendant, Yellow Cab Company of San Diego, a corporation, on the sixth day of October, 1930. On that day, while said taxicab was being driven rapidly over a depression commonly known as a “double dip”, placed at a street intersection to carry off rain-water, plaintiff and said Russell K. Dougherty were thrown from their seats with such force that their heads struck against the top of the taxicab, resulting in personal injuries to both of them. Plaintiff brought suit against defendant and prayed for general damages in the sum of $7,500 and for special damages in the sum of $550. Trial was before the court and a jury, and resulted in a verdict in plaintiff’s favor for the full amount of her demand, $8,050. Judgment was entered accordingly. Motion for new trial was denied. One of the grounds of the motion was that the verdict was excessive. Defendant has appealed from said judgment.

The sole point raised on the appeal is that the judgment was excessive.

Stated substantially in the language of the witnesses, the record would sustain the…