Pellegrino v. Los Angeles Transit Lines

McCOMB, J.

From a judgment in favor of defendant after trial before the court without a jury in an action to recover damages for injuries suffered as the result of plaintiff’s falling from a streetcar, he appeals.

The evidence being viewed in the light most favorable to defendant (respondent), the essential facts are:

On November 17,1944, plaintiff was a passenger on a streetcar of defendant traveling in a southerly direction on San Pedro Street in Los Angeles. The car stopped at the intersection of such street and Twenty-first Street. Plaintiff, who was standing in the front part of the car which was crowded, pushed his way to the bottom step and when on the last step, while not holding on to anything, lost control and

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fell to the street suffering injuries. At the time of the accident plaintiff was 78 years of age and suffering from a hernia. He was not bumped or pushed as he endeavored to get off the car, nor was the car moved from the time it stopped until after the accident.

Plaintiff urges reversal of the judgment on four propositions none of which are tenable.

First:

There is insufficient evidence to support the trial court’s finding that defendant was not negligent.

The evidence was sufficient to support the finding that defendant was not negligent. The motorman testified that after his car had stood five or ten seconds at Twenty-first Street he observed plaintiff standing on the edge of the top step of the exit doorway; his attention was directed toward plaintiff by the vocal salutation addressed to him by an angry woman passenger; that she stood behind him but did not touch him as she was trying to get around him; that upon hearing a woman’s scream he looked around a second time and saw plaintiff lying in the road face down; that he found the steps of his car dry and no foreign matter on them; that the car did not move from the time, he first saw plaintiff standing on the top step until he saw him lying on the street; that the air brake remained on, and the control handle was not moved from its “off” position. Moreover, plaintiff testified that while he was alighting from the ear he did not hold anything. Such evidence was substantial proof of a want of negligence on the part of defendant.