Little

Little v. Los Angeles Railway Corp.

Good Law
1928 Cal. App. LEXIS 654·94 Cal. App. 303·271 P. 134
Court of Appeal of CaliforniaOctober 10, 1928Docket No. 3567.California9,899 words

Opinion

rehearing Opinion

The petition for a hearing in the supreme court is denied, but such denial should not be taken *318 as an approval of what is said hy the district court of appeal with reference to the duties, as a matter of law, of the motorman and conductor under the circumstances shown in this case.

All the Justices concurred.

lead Opinion

Hart, J.

This action is by the plaintiff to recover damages in the sum of twenty thousand dollars from the defendant for personal injuries alleged to have been caused by the negligence of the latter. The jury, to whom the issues of fact were submitted for decision, awarded the plaintiff damages in the sum of fifteen thousand dollars. Judgment was entered accordingly. A motion for a new trial was presented and pressed by the plaintiff on all the statutory grounds (Code Civ. Proc., sec. 657), and the same was denied. This appeal is by the plaintiff from the judgment and supported by a bill of exceptions.

The plaintiff received the injuries of which she herein complains in the city of Los Angeles between the hours of 5 and 6 P. M. (“just in the twilight,” the conductor testified) of the twelfth day of November, 1924. She and other persons were, at the time mentioned, passengers on a street-car of the defendant, which was traveling in an easterly direction on Maey Street, in said city. It appears that a steam train of the Southern Pacific Company runs along and upon Alameda Street, which street runs in a northerly and southerly direction. The defendant’s tracks on Macy Street run in an…

lead Opinion

This action is by the plaintiff to recover damages in the sum of twenty thousand dollars from the defendant for personal injuries alleged to have been caused by the negligence of the latter. The jury, to whom the issues of fact were submitted for decision, awarded the plaintiff damages in the sum of fifteen thousand dollars. Judgment was entered accordingly. A motion for a new trial was presented and pressed by the plaintiff on all the statutory grounds (Code Civ. Proc., sec. 657), and the same was denied. This appeal is by the plaintiff from the judgment and supported by a bill of exceptions. The plaintiff received the injuries of which she herein complains in the city of Los Angeles between the hours of 5 and 6 P.M. ("just in the twilight," the conductor testified) of the twelfth day of November, 1924. She and other persons were, at the time mentioned, passengers on a street-car of the defendant, which was traveling in an easterly direction on Macy Street, in said city. It appears that a steam train of the Southern Pacific Company runs along and upon Alameda Street, which street runs in a northerly and southerly direction. The defendant's tracks on Macy Street run in an easterly…

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