Graham
Graham v. Consolidated Motor Transport Co.
Opinion
Lead Opinion
Nourse, J.
Defendants had a verdict in an action for damages for personal injuries. The plaintiff appeals from the judgment on the verdict upon typewritten transcripts..
The action grew out of an accident wherein the plaintiff, a child of seven years, was struck by a truck driven by defendant Loney Rogers while in the employ of his co-defendant. The plaintiff, accompanied by her brother of about ten years of age and another girl of about seven, attempted to cross to the south side of Harmon Street in the city of Berkeley at a point about midway between the street intersections. The little girl ran out from behind an automobile parked along the north curb and, when she had reached a point beyond the center line of Harmon Street, her brother called to her to warn her of the approaching truck. She then apparently became confused and turned to retrace her steps. When the driver of the truck saw her crossing he swerved the truck from the right-hand side of the road and brought the truck to a stop at a point to the left of the center line of the street. The right front wheel of the truck struck the plaintiff on' the heel and threw her to the ground, causing the injuries complained of. The…