Winslow v. Glendale Light & Power Co.

TAGGART, J.

Action for damages for personal injury. Plaintiff, who was seventy-six years of age at the time of the injury complained of, was walking along the sidewalk of a street in the city of Glendale, and her feet becoming entangled with a wire stretched across the sidewalk, she tripped and fell upon the pavement, dislocating her knee, spraining her

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wrist, and bruising her face, shoulder, leg and ankle, rendering her generally lame and crippled. The jury rendered a verdict in her favor against the defendant for the sum of $2,000, upon which verdict judgment was entered.

Defendant appeals from the judgment and from an order denying its motion for a new trial; and as reasons for a reversal of the judgment contends: (1) That the evidence shows that the wire which threw the plaintiff to t'he ground was placed across the sidewalk by the employees of one John C. Seaman, who was engaged in construction work for defendant as an independent contractor and not as an employee of the defendant corporation; (2) that plaintiff was, guilty of contributory negligence; (3) that the amount of damages awarded by the verdict is excessive; (4) that the court erred in its rulings upon some seventy-two objections made by defendant to the admission of testimony on behalf of plaintiff; (5) that the court erred in giving certain instructions requested by plaintiff and in denying some and modifying other instructions requested by defendant; and (6) that the court erred in refusing to give a special interrogatory relating to the issue of contributory negligence requested by defendant, and in giving it in a modified form.

The interrogatory requested by defendant was as follows: “Was the wire, over which it is alleged the plaintiff tripped and fell, in such position that plaintiff could have observed it had she been exercising ordinary care?” This, it is said, the court modified by adding, “Had she been looking for said wire?” The answer given by the jury was, “Yes.” If the question had been asked as presented by defendant and this answer returned, it- would have been inconsistent with the general verdict, and would have controlled the latter upon the 'issue to which it related, that is, the contributory negligence of the plaintiff (Code Civ. Proc., see. 625). At the time of the trial of the cause, section 625 of the Code of Civil Procedure was in force as amended in 1905, and under the law as then construed it was the duty of the court to submit to the jury particular questions of fact requested by the parties and to direct written findings thereon.