Sallee

Sallee v. United Railroads

Good Law
1919 Cal. App. LEXIS 87·40 Cal. App. 51·180 P. 74
Court of Appeal of CaliforniaFebruary 24, 1919Civ. No. 2581.California1,917 words

Opinion

lead Opinion

Richards, J.

This is an appeal from a judgment in the defendant’s favor after an order granting its motion for non-suit in an action for damages for personal injuries. The plaintiff alleged that her injuries occurred while she was walking on the southerly side of Market Street to the Ferry building in the city and county of San Francisco, and was in the act of crossing the car tracks of the defendant on Bast Street at its intersection with the said southerly line of Market Street, and that the accident occasioning her injuries happened in this wise: One of the cars of the defendant operated by its employees was in the act of passing along said Bast Street northerly on to Market Street; the said plaintiff waited until said ear had passed before attempting to cross the tracks behind it; the defendant, through its employees operating said car, had negligently permitted the trolley rope to hang loose and swing out from the rest of the car in a semi-circle, one end being attached to the trolley and the other to the car. The fact that said trolley rope was swinging loose from said trolley and was endangering the lives or safety of people passing behind said car was known to said_ defendant at said…

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