Fox
Fox v. Oakland Consolidated Street Railway
Opinion
Lead Opinion
Fleet, J.
Action by the father to recover damages resulting from the death of his infant son, alleged to have been caused by the negligence of defendant in running over him with one of its electric cars.
Judgment was for plaintiff, and defendant appeals therefrom and from an order denying it a new trial.
1. Appellant devotes a considerable portion of its brief in an effort to convince ns that the evidence fails to show apiy negligence on the part of defendant. The task has proven "fruitless.: An examination of the evidence discloses a substantial conflict upon that issue, however much it may be said to preponderate in defendant’s favor. Much of counsel’s argument in this behalf is expended in endeavoring to demonstrate that the two witnesses whose testimony tends to create the conflict were wholly unworthy of credence, and that therefore the evidence, while apparently conflicting, is not so in substance. But the credibility of witnesses is a question for the jury, so long as the testimony which they give has a legal tendency to establish the fact, and where, as here, there is nothing so inherently or otherwise manifestly improbable in its character as to justify the court in ignoring…