O'Meara

O'Meara v. Swortfiguer

Good Law
191 Cal. 12·1923 Cal. LEXIS 407·214 P. 975
Supreme Court of CaliforniaApril 12, 1923S. F. No. 10051.California1,900 words

Opinion

Lead Opinion

Wilbur, J.

This is an action to recover for personal injuries resulting to the plaintiff by reason of a collision between her and an automobile operated by the defendant at the intersection of Jones and O’Farrell Streets, in the city of San Francisco, on the sixth day of September, 1919. The defendant was proceeding westerly along 0 ’Farrell Street and the plaintiff had alighted from a north-bound Jones Street car to transfer to a north-bound cable car which turned into Jones Street northerly from O’Farrell Street. Defendant’s automobile had been following the O’Farrell Street car which turned from O’Farrell Street to Jones Street. The testimony as to how the accident occurred varied from that of the defendant to the effect that his automobile was standing still at the time of the collision and that the plaintiff heedlessly ran into its side and the testimony on behalf of the plaintiff that the automobile operated by the defendant suddenly swerved to the left from behind the O’Farrell Street car. which was turning from O’Farrell to Jones Street, and, passing beyond the center line of O’Farrell Street, struck her when she was about in the middle of the street intersection. The testimony also…

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