Doolin

Doolin v. Omnibus Cable Co.

Good Law
125 Cal. 141·1899 Cal. LEXIS 814·57 P. 774
Supreme Court of CaliforniaJune 19, 1899S. F. No. 822California1,647 words

Opinion

Lead Opinion

Britt, J.

Defendant, a street railway corporation, was engaged in the business of transporting passengers for hire on certain streets of the city of San Francisco. On November 17,1891, the plaintiff, Mary J. Doolin, wife of Michael J. Doolin, who joins with her in this action, was a passenger on one of defendant’s cars; the driver in charge thereof lost control of the horses by which the car was drawn and they pulled the car from the track and down an embankment; plaintiffs allege in their complaint that this was in consequence of the negligence of the defendant and its servant, the driver, and that thereby said Mary was violently thrown against the seat and floor of the ear and sustained severe personal injuries for which they pray damages.

The trial of the action was commenced on September 25, 1893, and was concluded October 9, 1893. The evidence for plaintiffs tended to show that as the result of said accident Mrs. Doolin fell on the floor of the car and sustained, besides some minor hurts, a concussion of the spine which drew after it a train of evil con *143 sequences, such as great nervous debility, incompetence to walk without assistance, retention of urine, incoherence of speech,…

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