Dawson

Dawson v. San Diego Electric Railway Co.

Good Law
1927 Cal. App. LEXIS 698·82 Cal. App. 141·255 P. 215
Court of Appeal of CaliforniaApril 1, 1927Docket No. 4832.California4,327 words

Opinion

Lead Opinion

Houser, J.

Action by plaintiff Susan M. Dawson for damages resulting from the death of her husband William E. Dawson.

It appears that the cause of the death of William E. Dawson was a collision which occurred at a street intersection between a light automobile truck driven by said Dawson and an electric street-car which was owned and operated by the defendant.

The evidence with reference to the happening of the accident was conflicting', but was decided by the jury in favor of plaintiff. In such circumstances the rule is that on appeal from a judgment, the appellate court is bound to assume as true the evidence adduced at the trial in favor of the plaintiff and to construe it in his behalf as favorably as is reasonably possible. (Palladine v. Imperial Valley F. Lands Assn., 65 Cal. App. 727 [ 225 Pac. 291 ]; Aubel v. Sosso, 72 Cal. App. 57 [ 236 Pac. 319 ]; Woodard v. Glenwood Lumber Co., 171 Cal. 513 [ 153 Pac. 951 ]; Hassell v. Bunge, 167 Cal. 365 [ 139 Pac. 800 ]; Bancroft-Whitney Co. v. McHugh, 166 Cal. 140 [ 134 Pac. 1157 ]; Dunphy v. Dunphy, 161 Cal. 380 [ 119 Pac. 512 ]; Showers v. Zanone, 7 Cal. Unrep. 263 [ 85 Pac. 857 ]; Carteri v. Roberts, 140 Cal. 165 [73 Pac. 818]; Smith v.…

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