Redfield

Redfield v. Oakland Consolidated Street Railway Co.

Caution
110 Cal. 277·1895 Cal. LEXIS 1054·42 P. 822
Supreme Court of CaliforniaDecember 6, 1895No. 15942California3,529 words

Opinion

Lead Opinion

Haynes, J.

The defendant, the Oakland Consolidated Street Railway Company, operated an electric street-car line between the city of Oakland and Mountain View Cemetery.

On May 6,1893, Adeline B. Redfield and her children, Lowell M. Redfield and Mattie A. Redfield, got upon one of the defendant’s cars at or near Mountain View Cemetery to return to the city of Oakland. This car was operated by only one man, as was customary upon that line. The car in question had a solid glass partition separating the body of the car, in which the seats were, from the platforms at each end, which were intended for the motor man; and the only way the motorman could pass from one end of the car to the other was along the step on the outside of the car.

From the cemetery the track runs toward the city for some distance on a practically level grade; then ascends a grade to the summit of a hill, at a switch, which is the highest point of the track. From that point the *283 track descends. On the summit of the hill the track is comparatively straight for about thirty-five feet. From, the switch the track descends at a varying grade for a distance of about one-half a mile to Booth street, and then turns to the…

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