MacColl

This is an appeal by the plaintiff, Mary MacColl, from a judgment of the superior court in a personal injury action in favor of defendants, entered June 27, 1963, and from an order of the superior court, entered on August 30,1963, denying plaintiff’s moton for a new trial.

For the purposes of the present appeal, the facts leading up to the litigation may be summarized as follows:

On September 5, 1962, plaintiff, Mary MacColl, was a passenger on a streetcar owned and operated by defendant Los Angeles Metropolitan Transit Authority. The plaintiff is an elderly lady who previously had difficulty walking when she got on the streetcar. She also alighted with difficulty. She placed, or accidently caught, her arm or fingers or hand in the rear door of the streetcar. The motorman did not see the plaintiff alight or hear a warning buzzer. He started the car with plaintiff’s hand, or fingers, or arm, in the door, and she ran alongside or was dragged along by the streetcar. As a result, the plaintiff sustained severe and permanent injuries.

Plaintiff brought suit against the Transit Authority and the driver of the vehicle, claiming that the defendants were negligent in their duty to her…