Freeman

The respondent Wilhelmina De Greek was struck and injured by an automobile driven by the appellant Walter Odus Freeman, aged about seventeen years, while respondent was attempting to board a street-ear on San Pablo Avenue near the boundary line between the counties of Alameda and Contra Costa; and as a result of her injuries, she brought this action for damages, and at the trial was awarded a verdict. From the judgment entered thereon this appeal was taken, the single ground urged for reversal being the giving of the following instruction: “A driver of a motor vehicle is in charge of a dangerous instrumentality capable of inflicting serious and often fatal injuries, and for that reason he is charged by law with a higher degree or greater amount of care than the pedestrian.” (Italics ours.)

The correct rule as declared in the case of Raymond v. Hill, 168 Cal. 473 [ 143 Pac. 743 ], is that "while both parties (the automobile driver and the pedestrian) are charged with the same degree of care, the amount of care exacted of the driver of a motor vehicle is far greater than the amount of care exacted of a foot passenger” (italics ours). The case of Weihe v. Rathjen Mercantile Co., 34…