Anderson

Anderson v. Market Street Railway Co.

Good Law
116 Cal. App. 282·1931 Cal. App. LEXIS 300·2 P.2d 529
Court of Appeal of CaliforniaAugust 25, 1931Docket No. 7837.California1,481 words

Opinion

Lead Opinion

Spence, J.

In this action to recover for personal injuries judgment upon the verdict was entered in favor of plaintiff from which judgment defendant appeals.

Appellant urges several grounds for a reversal, the main contentions being: First, that there is no evidence of negligence on the part of appellant; and second, that even if it can be said that- there is testimony showing negligence on appellant’s part, the evidence shows that respondent was guilty of contributory negligence as a matter of law. In our opinion the latter contention must be sustained and we believe that a discussion of the remaining points raised by appellant would serve no useful purpose.

The accident occurred near the intersection of Mission and Avalon Streets in San Francisco at about 7:20 P. M. on the evening of September 14, 1929. At that point Mission- Street runs -in a general northerly and southerly direction. Respondent, a woman sixty-eight years of age, was struck by a north-bound street-car while she was running across the pedestrian lane from the west to the east side of said street. It does not appear that there was any other vehicle or street-car in the immediate vicinity and respondent’s view of the…

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