Samuels

This is an action brought to recover damages for bodily injuries sustained by Raquel Samuels in being thrown from a car of defendant. The car was a cable-car. Mrs. Samuels was riding upon the "dummy”—an outside seat at the front end of the car. In rounding a curve, passing from O’Farrell street into Jones street, Mrs. Samuels fell or was hurled from the car, striking the ground and sustaining the injuries for which damages are sought. The complaint alleges that the car was “run with great, unusual, and terrific force and speed” around the corner, and that in consequence of this unusual speed she was thrown from her seat.

1. Appellant contends that the evidence fails to establish that the accident occurred by reason of its negligent management of the car, and that it does show that respondent was injured through her own carelessness. Upon this the evidence is unsatisfactory. Nevertheless, it appears that Mrs. Samuels was accustomed to ride upon the cars of this company, and that upon this occasion not she alone, but another woman sitting by her side was thrown from her seat, and a child also was hurled to the ground. This showing, taken with the testimony of Mrs. Samuels 'that the…