Balthasar
Balthasar v. Pacific Electric Railway Co.
Opinion
Lead Opinion
Wilbur, J.
On the eighth day of February, 1919, a collision occurred between a motor-truck belonging to the fire department of the city of Pasadena responding to a fire-alarm from North Fair Oaks Avenue and an electric railway train operated by the defendant corporation. The motor-truck was moving east on Bellefontaine Street, which terminated in Fair Oaks Avenue, and turned north on Fair Oaks Avenue without passing to the south of the intersection of the medial lines of Bellefontaine and Fair Oaks Avenue, colliding with a south-bound train of the defendant before the turn was completed. Charles Carlson and O. B. Balthasar were riding on the rear running-board of the motor-truck. The former was killed and the latter injured as a result of the collision. The city of Pasadena having paid an award made by the Industrial Accident Commission for the injuries of Balthasar and the death of , Carlson, brought suits on behalf of Balthasar and the widow of Carlson to recover the damages sustained by them, respectively, and on its own behalf to recover damages sustained by reason of the injury to the motor-truck. These three cases were consolidated for trial, and verdicts were rendered in favor of the…