Ginochio
Ginochio v. City & County of San Francisco
Opinion
Lead Opinion
Sturtevant, J.
Angelo Ginochio was injured while attempting to board one of the street-cars operated by the defendant. Later he died of the injury so sustained. The plaintiffs sued the defendant for damages, judgment went for the plaintiffs, and the defendant has appealed.
For some time prior to his death the decedent had been residing near the corner of. Jones and Vallejo Streets, in San Francisco. Early in the afternoon on Sunday, the eighteenth day of April, 1920, he was seen on and was seen to get off from a south-bound Van Ness Avenue ear, operated by the defendant, and to take a position at a stopping place on the easterly side of the track known as the Van Ness-Eleventh Street line. Whether the decedent was on the sidewalk or was out in the street nearer the car track is not certain. Some of the witnesses placed him in one of those spots and other witnesses placed him in the other. The decedent and other persons, five or six in number, waited in that locality for several minutes, some of the witnesses stating that they had waited as long as ten minutes. The decedent stood at the extreme eastern side of the group, some of the others standing farther to the west and in the immediate…