Darling
Darling v. Pacific Electric Railway Co.
Opinion
Lead Opinion
Lennon, J.
In this action the plaintiff, Sarah M. Darling, secured a judgment for damages for personal injuries in the sum of $15,000. The complaint charged the defendant generally with the negligent operation of its electric car, in consequence of which the plaintiff was permanently injured. Defendant answered, denying its own alleged negligence, and interposed as a separate defense the alleged negligence of the plaintiff as one of the proximate contributing causes of the accident.
It appears from the record before' us that the plaintiff, Mrs. Darling, was struck by one of the defendant’s electric cars on Brand Boulevard, between Wilson and Broadway Streets, in the city of Glendale. The car ran over plaintiff’s left foot, which was so badly crushed as to render amputation necessary. The width of Brand Boulevard is 100 feet. It extends north and south, being intersected by Wilson Street on the north and by Broadway Street on the south. There is a slight downgrade from Wilson Street to Broadway Street. The defendant operates its electric cars on double tracks on this thoroughfare, the north-bound cars using the easterly tracks and the south-bound cars using the westerly tracks. The rails of…