O'Neill

This is an action for damages for personal injuries. It is admitted that defendant operates an electric street railway in San Francisco and that on the day in question plaintiff was a passenger for hire on one of the street-ears of defendant. It is also admitted that the streetcar in question stopped to discharge passengers, including plaintiff, at the intersection of Van Ness Avenue and Green Street. Plaintiff contends that while the plaintiff was in the act of alighting from the street-car and before she reached the street the street-car started up, causing plaintiff to fall to the street, receiving the injuries of which complaint is made. The defendant contends and introduced evidence to show that plaintiff had alighted from the car and had safely reached the street, when she was menaced by a passing automobile and then, in order to protect herself, she grabbed hold of the rear stanchion or grab-handle of the street-car just after the street-car started up. This grab-handle, defendant’s evidence tended to show, was five or six feet from the spot at which plaintiff had alighted. On the issues thus presented the case went to trial before the court and jury, and after a full trial…