Lincoln v. Pacific Electric Railway Co.

This is an action wherein an employee of an interurban electric railway company seeks to recover damages for personal injuries alleged to have been sustained by the negligence of the employer. The defendant denied all allegations of negligence and as a separate defense alleged contributory negligence on the part of the plaintiff. The defendant has appealed from a judgment in favor of the plaintiff and from an order denying its motion for a new trial.

The accident occurred at Long Beach, California, on February 6, 1913, at about 6:10 P. M. Plaintiff was and had been for several years a motorman of the defendant, running trains upon its line between Los Angeles and Long Beach. American Avenue is a double avenue of the city of Long Beach, lying on the east and west sides respectively of a private right of way of the defendant company. On that right of way defendant has double tracks running north and south. At a point between Fifteenth and Fourteenth Streets a curved track leads from the south-bound main track of defendant, swinging gradually southwesterly into Fourteenth Street. In addition to its interurban cars, the defendant operated local cars, called the Willowville cars, and…