Levings
Levings v. Pacific Electric Ry. Co.
Opinion
Lead Opinion
Richards, J.
This is an appeal from a judgment in favor of the plaintiffs in an action for damages for the alleged negligence of the defendant in the operation of one of its cars, by which a collision occurred with an automobile being driven by one Willard P. Levings, husband of the plaintiff, Ella H. Levings, and father of the other plaintiffs, in which the said Willard P. Levings lost his life. The collision occurred at the intersection of Colorado Street and El Molino Avenue, in the city of Pasadena, where, upon the afternoon of September 14, 1913, an east-bound car being operated by the defendant’s employees on Colorado Street struck the automobile of the deceased going north on El Molino Avenue and attempting to cross Colorado Street. The appellant presents but one question upon this appeal, and that is the question whether upon the facts of the case the deceased was chargeable with such contributory negligence, as a matter of law, as would prevent a recovery of damages for his death. It is admitted by the appellant that the car which collided with the automobile of the decedent was being operated at a speed in excess of that allowed by the ordinances of Pasadena, which provide for a…