Power v. California Street Cable Railroad

KNIGHT, J.

The defendant California Street Cable Company appeals from a judgment entered on verdict of a jury, in favor of the plaintiffs, M. J. and May Dickson Power, husband and wife, in an action to recover damages for personal injuries sustained by Mrs. Power while riding as a passenger on a cable car belonging to and operated by the defendant company.

The accident happened September 9, 1940, at the corner of Jones and O’Farrell Streets in San Francisco, wherein more than forty other passengers were injured. At the opening of the trial the company admitted liability for the accident; thus the sole issue presented for determination was the amount of damages, and the jury returned a verdict for $7,100. The company concedes that

“a

fair and adequate award for dam

[291]

ages in this case should be approximately five thousand ($5,000.00) dollars,” but contends that $7,100 is excessive, and accordingly that the amount of the award should be to such an amount as to this court may seem to compensate plaintiffs for the damages sustained. The rule is, however, that even though the award is larger than a reviewing court might think justified, such court is not in a position to disturb it unless, it appears that the verdict was the result of passion, prejudice or corruption, or that the amount is so grossly excessive that the ends of justice a reduction

(Mecchi

v.

Lyon Van & Storage Co.,

38 Cal. App. (2d) 674 [102 P. (2d) 422, 104 P. (2d) 26]), and there is no reasonable ground upon which it may be so held in the present ease.

The company introduced no evidence whatever in the case, but rested on that produced by plaintiffs. It was established thereby that the total amount of special damages alone by plaintiffs was $1,595.70, thus leaving less than $5,505 as compensation for the personal injuries sustained and pain suffered by Mrs. Power, and as damages to her husband for loss of his wife’s services. The particular items of special damages were as follows: Mrs. Power was employed at Hale Bros, at $33.60 a week, and lost twenty-three weeks’ pay, or $772.80. Her doctor hill was $253.50; hospital bill $162.40; trained nurses at the hospital (she had three special nurses up to September 16th and one until she went home September 29th), $196; she agreed to pay a friend who had nursing experience and who took care of her for six weeks after she came home from the hospital $25 a week, or $150; it was necessary for her to get new glasses, which cost $50; and the ambulance fees were $11.