Comer

Respondent, while driving an automobile on one of the streets in Los Angeles, collided with a broken trolley wire of the appellant company, sustaining injuries to himself and damage to his automobile. Thereupon he brought this action for damages and upon trial before a jury was awarded a verdict, but the judgment entered thereon was reversed on appeal because of erroneous instructions. (Comer v. Los Angeles Ry. Corp., 66 Cal. App. 219 [ 225 Pac. 869 ].) The action was then tried before the court sitting without a jury, and judgment was again rendered in respondent’s favor and the company again appealed.

The material facts surrounding the accident were as follows: During the early part of the month of January, about 6:35 o’clock in the evening, appellant’s trolley wire, suspended above its south-bound track on Vermont Avenue, broke at a point some distance south of the intersection of Vermont Avenue and Tenth Street, just after the car had passed under it, and a considerable portion of it fell between the tracks. It was already dark, the lights were lit, and there was considerable traffic on the street at the time. When the trolley wire broke and fell, the car stopped; and while…