Sexton v. Key System Transit Lines

DRAPER, J. pro tem.

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Plaintiff had judgment upon a jury verdict for injuries sustained when she was struck by an interurban electric train of defendant. Defendant appeals.

The accident occurred at Wesley Station on appellant’s private right of way in Oakland, where respondent was about to board a train which had come from San Francisco and was headed east toward the Trestle Glen district of Oakland. She was struck by another train of appellant, which was westbound to San Francisco.

At Wesley Station appellant maintains a small building for the convenience of its passengers. This structure is about 10 feet west of the westernmost of the double tracks, which here run in a north-south direction. Westbound trains use the westerly tracks—those nearest the station building—and eastbound trains use the tracks farthest from the building.

Respondent had worked in this area for a number of years, and it was her habit to take the Glen train home each evening. She left work at about 5:30 p. m. on the day of the accident, did some shopping in the area, and went to Wesley Station, where she sat down to wait for her train. Several people were in the station. After respondent had waited about 15 minutes, she saw the eastbound Glen train approaching the station. She stood up, walked out of the building, and waited to see where the train would stop. When the doors of the train

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started to open she began to walk toward it. She had arrived at the first rail when she glanced to her left and saw the westbound San Francisco train bearing down upon her, about 7% feet away. She had heard no bell, whistle or other warning signal of any kind before she was struck. Other witnesses corroborated her statement that there was no audible warning.

A regulation of appellant requires that when a train is in the station no other train may approach that station. Respondent, through her long use of this line, lmew that westbound trains always stopped short of the station when an eastbound train was stopped there.

There is testimony contradicting some of the facts stated above, but all conflicts in the evidence were for the jury to resolve. Hence appellant does not urge insufficiency of the evidence to establish its negligence. Rather, appellant contends that the evidence establishes contributory negligence of respondent as a matter of law. The argument is that in failing to look to her left before starting to cross the track intervening between her and the train she intended to board, respondent failed to exercise any care whatever.