Carr
Carr v. Stern
Opinion
Lead Opinion
Hart, J.
This is an appeal from an order denying plaintiff’s application for a change of the place of trial of this action.
The action was brought to recover the sum of $25,060 for personal injuries alleged by the complaint to have been inflicted upon plaintiff through the carelessness and negligence of defendants.
According to the averments of the complaint, on the morning of the ninth day of July, 1909, while the plaintiff was riding a bicycle on and over á certain highway in the city of Palo Alto, in Santa Clara county, the automobile of defendants, driven by their chauffeur behind and to the rear of plaintiff, ran down the latter, “thereby mashing the sciatic nerve in plaintiff’s left leg and mashing the muscles and flesh of plaintiff’s left hip, and rupturing him, the said plaintiff, and inflicting upon him injuries both external and internal.”
The complaint was filed originally in the superior court in and for the county of San Mateo, but, as disclosed during the course of the oral argument, was, on motion of defendants, removed to the city and county of San Francisco on the ground and a showing that they were residents of said city and county at the time of the commencement of…