Massachusetts Bonding & Ins. Co. v. Los Angeles Ry.

—This is an appeal from a judgment for plaintiff in an action for damages sustained by the death of one, Ogan, through the alleged negligence of the defendant. At the time of his death Ogan was employed by a corporation known as Bowles Brothers Company, and in the course of his employment was driving a wagon westerly on Pico Street, in Los Angeles. The defendant operates a two-track electric street railroad on the street, the tracks occupying the middle of the street. Ogan was on the northerly or right-hand side of the street as he was going, and off the tracks. On approaching the intersection of South Union Street he turned to the left or south across the tracks as if to turn into South Union Street. He was driving slowly and apparently turned without any signal of his intention and without looking back. His wagon was struck by one of the defendant’s cars coming up behind him, he was thrown from the wagon, and sustained injuries from which he died. He left a widow and two adult sons. His widow made claim against his employer under the Industrial Compensation Act [Stats. 1913, p. 279], and the claim was allowed and was paid by the plaintiff as the insurance carrier for the…