Chapman

Chapman v. Pacific Electric Railway Co.

Good Law
1927 Cal. App. LEXIS 364·85 Cal. App. 69·258 P. 1006
Court of Appeal of CaliforniaAugust 12, 1927Docket No. 5065.California1,867 words

Opinion

Lead Opinion

York, J.

This is an appeal by plaintiff from a judgment for defendant on a verdict of a jury. The action is for damages for the alleged negligence of defendant in operating a street railroad car, resulting in an accident causing plaintiff’s injuries. The accident occurred about 9 o’clock at night on November 12, 1922, on Colorado Street in the city of Pasadena. The plaintiff was riding in an automobile driven by John L. Ramsey. She was his guest. He was driving his car westerly on said street and up an incline of about eight or nine per cent. Defendant’s car was coming down this street in an easterly direction when the street-car and automobile came together in a head-on collision, demolishing and setting fire to the automobile in which plaintiff was riding, severely injuring her and causing the death of said Ramsey. The plaintiff alleged said accident to have been caused by the defendant’s neglect in negligently propelling said street-car at a dangerous rate of speed and in not maintaining a sufficient headlight on said streetcar, and alleges that the car did not “signal any alarm or hell,” and that although the motorman of defendant’s car saw said automobile when it was about three…

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