Nicolai

Nicolai v. Pacific Electric Railway Co.

Good Law
92 Cal. App. 100·267 P. 758
Court of Appeal of CaliforniaMay 22, 1928Docket No. 6187.California3,138 words

Opinion

lead Opinion

Knight, J.

As a result of a collision between a streetcar owned and operated by appellant and a coupe automobile belonging to Miss Wilhelmina Nicolai and driven by one Cropper, in which her mother, Mrs. Lillian M. Nicolai, was riding, the latter was injured and the automobile was damaged; and separate actions were brought for the recovery of damages, one by Mrs. Nicolai on account of the personal injuries she sustained, and the other by Miss Nicolai for the damage to her automobile. The complaint in each action charged that the collision was caused wholly by the carelessness and negligence of the defendant, its agents, and servants, in the operation of its street-car. The actions were tried together before a jury, and Mrs. Nicolai was awarded, a verdict for $2,500 as compensation for her injuries, and Miss Nicolai was awarded $420.75 for the damage to her automobile. From the judgments entered on these verdicts the defendant has appealed. Besides charging the jury- upon the subjects of negligence and contributory negligence, the trial court instructed upon the doctrine of the last clear chance and appellant seeks a reversal of the judgment mainly upon the grounds that the evidence is…

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