Ross
Ross v. San Francisco-Oakland Terminal Railways Co.
Opinion
Lead Opinion
Waste, J.
This is an action against the defendant street railway company, and its motorman, S. Serpicó, for damages resulting from the death of plaintiff’s minor son, Andrew Ross.
It is charged in the complaint that at the time he was killed, Andrew Ross, a hoy of the age of sixteen years, was walking across Telegraph Avenue, in the city of Berkeley, when a street-car of the defendant company, operated by Serpico at a high, excessive, and careless rate of speed, ran over him, causing his death. It is alleged in a second count that at the time of the accident the motorman so operated the street-car as to lead the boy to believe that it was about to come to a full stop, allowing him to continue safely in his course of walking across the street in front of the car, and that so believing he attempted to cross the track of defendant, when he was suddenly struck by the ear and killed.
The court shut out testimony considered vital by the plaintiff, and at the conclusion of the trial instructed the jury to find for the defendants. From the judgment entered the plaintiff appeals.
There were no eye-witnesses to the accident, which occurred at the intersection of Telegraph and Ashby Avenues, on…