Monastero v. Los Angeles Transit Co.

ASHBURN, J. pro tem.

*

Plaintiff appeals from a judgment for defendant which was entered pursuant to a jury verdict. The action is for damages for personal injuries. Plaintiff claims that defendant Meyette, the operator of defendant’s streetcar, negligently closed the doors on her, thus inflicting the alleged injuries. She challenges the verdict upon several grounds, one of which is insufficiency of the evidence.

The verdict being against her, appellant’s claim in this regard must be examined in the light of the settled practice of resolving all conflicts and conflicting inferences in favor of respondent. The rule is thus stated in

Juchert

v.

California Water Service Co.,

16 Cal.2d 500, 503 [106 P.2d 886]: “As is always true on such appeals, all conflicts must be resolved in favor of the respondent, and all legitimate and reasonable inferences must be indulged in to uphold the verdict, if possible. It is elementary that when a verdict is attacked as being unsupported, the power of the appellate court begins and ends with a determination as to whether there is any substantial evidence, contradicted or uncontradicted, which will support the conclusion reached by the jury. And when two or more inferences can reasonably be deduced from the facts, the reviewing court is without power to substitute its deductions for those of the jury or trial court. ’ ’

The defendant’s streetcar was at the end of the line and passengers were boarding it at the left front side. Plaintiff was one of a group who were so engaged. The car had two folding doors, the right or rear one of which was open for the purpose, the other being closed. According to defendant Meyette, a large woman with a big package was ahead of plaintiff and as she ascended she hit or pulled the lever which operated the doors, the open one began to close, the operator saw it, reached over and immediately adjusted it so the door reopened. He did not see the door close on plaintiff. He

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thought that plaintiff might have been brushed by the door, so he asked if she was all right and she said, “Yes, I am.” Later she claimed to have been injured and he took her name and address. Plaintiff called as a witness one Carol Whitacre who boarded the same car, but she testified that she had no recollection of seeing plaintiff or of any occurrence such as plaintiff described; that she did not recall seeing plaintiff until she came to see the witness later. Other than plaintiff’s own testimony that of Meyette was the only evidence as to what happened on the occasion in question. Her testimony is interesting, though not elevating. For she concluded by telling the jury: “The fact that I lied is deliberate and I hope that will be taken for what it is worth, because everything else—everything I have told here is absolutely the truth.”