Warner

Warner v. Bertholf

Good Law
1919 Cal. App. LEXIS 103·40 Cal. App. 776·181 P. 808
Court of Appeal of CaliforniaApril 24, 1919Civ. No. 2817.California526 words

Opinion

lead Opinion

Waste, J.

This is an appeal by the defendant from a judgment had by plaintiff for damages for personal injuries suffered when the plaintiff was struck by the automobile of the defendant.

As we read the record, it was stipulated by the attorney for the defendant that, if any judgment at all should be rendered or entered 'against the defendant, the judgment of six hundred dollars, awarded plaintiff in this case, is not excessive, and is proper so far as the amount of the damage is concerned.

Plaintiff was standing on the easterly side of College Avenue, in the city of Berkeley, intending to board a southbound car, which she saw approaching on the westerly, or south-bound, track. She crossed the street in front of the approaching car, signaled the motorman to stop, and stood waiting for the car to pass. As she so stood, she looked northerly on College Avenue and saw no automobile or vehicle approaching. As the street-car passed her, it slowed down, then being some distance north of the customary stop-sign. It passed plaintiff, who turned and walked southerly along with the car. At this time she was midway between the side of the car and the westerly curb line of the street. She was facing…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.