Evers v. Stratton

HOUSER, J.

Plaintiff recovered judgment against defendant in an action for damages for personal injuries, and defendant appeals.

Practically the only uncontroverted fact in the case is that plaintiff was struck by defendant’s automobile at a street intersection in the city of Los Angeles. Sufficient evidence, however, was introduced on the trial from which

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the judge was justified in concluding that the following were the circumstances surrounding the happening of the accident from which plaintiff sustained the injuries of which she complains: At an intersection of two streets plaintiff wished to cross one of such streets upon which there was heavy automobile traffic as well as considerable traffic by street-cars. Just before plaintiff attempted to make the crossing, a street-car stopped for the discharge of passengers on the side of the street nearer to plaintiff. Thereupon several automobiles, which were traveling two or three abreast in the same direction as was the street-car, stopped in the rear of the street-car. Either immediately before or immediately after the street-ear had thus stopped, plaintiff either walked rapidly or ran into the street at a point near the front end of the street-car. After the street-car had discharged such of its passengers as wished to alight therefrom at the street intersection at which plaintiff was standing, the street-car and the several automobiles which had stopped in the rear of the street-car started forward, and plaintiff, who had remained in the street near the front end of the stopped street-ear, was struck by defendant’s automobile. There was testimony which warranted the conclusion that after plaintiff had reached a position near the front end of the street-car she had not moved until the accident occurred, and that during the time she was thus situated plaintiff was in the exercise of ordinary care for her own safety. She testified: “Q. After you started across the street, after you had stepped down from the sidewalk into the street, did you look for automobiles? A. Yes, I did; I looked all around for the way for me to go. Q. Did you keep on looking for the way for you to go? A. I did, many, many times. Q. Were you walking at the time? A. I knew in that car track I was all right, and I stayed there and waited. Q. And you were standing still at the time the automobile ran into you? A. Yes, that is right. Q. Can you tell me about how long you had been standing still? A. I waited at least four minutes. There was so many automobiles—I waited about four minutes; I did not have my watch, but it was a long timé.”