Peatfield

Peatfield v. Pacific Gas Radiator Co.

Good Law
1928 Cal. App. LEXIS 244·89 Cal. App. 625·265 P. 324
Court of Appeal of CaliforniaMarch 2, 1928Docket No. 4889.California820 words

Opinion

Lead Opinion

Stephens, J.

A jury returned a verdict in this ease in the sum of $8,000 against defendants and in favor of plaintiff as damages resulting from an automobile accident, and defendants appeal upon a bill of exceptions. The salient facts are as follows:

The plaintiff, a woman nurse, left her home at about 6 o’clock P. M. on October 18, 1920, to walk to a branch post' office in the city of Los Angeles. She wore a dark coat which left 20 inches of her white uniform showing below. It was raining, and she carried open a dark umbrella. At the southeast corner of the intersection of Moneta Avenue and Seventy-third Street she discovered water running in Seventy-third Street, flush with the curb, and after looking up and down Moneta Avenue and observing no vehicles approaching, walked on a board into Moneta Avenue, crossed Seventy-third and proceeded northerly along Moneta Avenue to the right of the street-car tracks, expecting to cross back out of the street at the first opportunity. When about 100 feet from Florence Avenue, the next cross street, she was struck from the rear by an automobile and seriously injured. The automobile was being driven by the defendant Ostrowsky for the defendant Pacific Gas…

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