Turner
Turner v. Los Angeles Railway Corp.
Opinion
Lead Opinion
Waste, J.
Plaintiff brought this action for personal injuries, alleged-to have been caused by the negligence of defendant in so propelling one of its street-cars that it struck plaintiff’s automobile while stalled on the track in plain view of the motorman in charge of the car. It is further alleged in the complaint that, at the time, the street car was being operated at a dangerous and unsafe rate of speed, and was not properly provided with suitable emergency brakes, or other appliances for stopping suddenly should occasion arise. The defendant denied any negligence on its part, -and pleaded contributory negligence on the part of the plaintiff as a, further defense. The trial by jury resulted in a verdict for five hundred dollars, for which amount judgment was entered, and the defendant appeals. It admits that “the amount of the. verdict is very small in comparison to the .injuries sustained by the plaintiff,” and presents for our consideration but “the single question as to the sufficiency of the evidence to sustain the verdict.” It relifes particularly upon the alleged contributory negligence of the plaintiff, and «asserts that certain physical facts, which it seeks to have this court…