Nicholson

Nicholson v. Porter

Good Law
118 Cal. App. 555·1931 Cal. App. LEXIS 186·5 P.2d 659
Court of Appeal of CaliforniaNovember 24, 1931Docket No. 504.California845 words

Opinion

Lead Opinion

Jennings, J.

Plaintiff appeals from a judgment in favor of respondents. After appellant had presented the evidence upon which she based her claim for recovery and had rested, respondents moved the court for a nonsuit. The motion was granted, judgment in favor of respondents was duly entered and the appeal therefrom was taken.

Prom the record the following facts appear: On April 7, 1928, respondents were copartners operating an automobile stage business under the fictitious name of Gate City Bus Company. Appellant was a passenger for hire on a bus operated by respondents on said date. At 9:30 in the evening of said day the bus on which appellant was traveling as a passenger was proceeding north on Mt. Vernon Street in the city of San Bernardino and was approaching the intersection of Mt. Vernon Street and Tenth Street in said city. As the bus approached the intersection of the two streets its speed was diminished preparatory to its coming to a complete stop for the purpose of permitting passengers to alight. As the bus was thus slowing down and moving at a speed of from five to six miles per hour it was struck in the rear by an automobile operated by one Floyd M. Sousa. As a result of the…

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