Haber

Haber v. Pacific Electric Railway Co.

Good Law
1926 Cal. App. LEXIS 367·78 Cal. App. 617·248 P. 741
Court of Appeal of CaliforniaJuly 7, 1926Docket No. 3135.California7,374 words

Opinion

Lead Opinion

Plummer, J.

The three cases set forth in the title were all tried upon the same evidence before the same jury and are brought before us upon appeal on one transcript and one set of briefs. The defendant had judgment in all three of the cases and the plaintiffs in the respective cases appeal. These actions are based on injuries sustained while the plaintiffs were riding in an automobile in a southerly direction on a certain street in the city of Los Angeles, known as and called South Wilton Street. This street is intersected by a certain other street running easterly and westerly in said city, known as and called West Sixteenth Street, upon which the defendant owned and operated a double-track railway. The complaints set forth two causes of action: 1. That as the plaintiffs were proceeding in an orderly and careful manner in a southerly direction and were attempting to cross the tracks belonging to the de fendant and that when they got upon said tracks they were blocked thereon by traffic congestion, and while so blocked thereon, the defendant carelessly, negligently, and recklessly managed, operated, and controlled a certain three-car train then being operated in an easterly direction on said…

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