Einertsen v. United Railroads of San Francisco

KERRIGAN, J.

This action was brought to recover damages for personal injuries sustained by plaintiff, and this appeal is from a judgment .rendered in his favor and from an order denying a new trial.

[135]

The injuries were sustained by plaintiff while a passenger on one of the cars of the defendant company.

The complaint recites: That, on the twenty-first day of October, 1907, plaintiff boarded a ear at a point on Mission Street, near the foot thereof, in the city and county of San Francisco, said car being operated by defendant for the convenience of passengers; that plaintiff tendered and the conductor of said car accepted and received his fare; that at the time plaintiff was standing at the bottom step of the rear platform on the northerly side of the car, which was westbound, the steps and platform of which were crowded with passengers to such an extent that plaintiff was unable to enter the interior of the car, although he attempted so to do; that there was sufficient space in the interior of the car for all of the passengers thereon; and that, at the time of receiving his injuries, plaintiff was making an effort to gain an entrance therein from the outside step upon which he was standing; that, while still standing upon said step, and while attempting to gain an entrance to the interior of the ear, plaintiff observed a truck or van backed up against the curbing of Mission Street, with the front end thereof projecting out into said street, toward the track upon and over which the car was passing, and the plaintiff, realizing that he would be struck with the projecting end of said truck or van if the employees in charge of said car should attempt to pass thereby without stopping, the said car being operated at such a rapid rate the plaintiff could not with safety to himself alight therefrom, called upon the conductor in charge to stop the car, but the conductor did not heed his request; that, by reason of the ear going at such a rapid rate of speed, which was not slackened in passing the projection, plaintiff was caught between the rear end of said car and the projecting front of said truck, and received the injuries which formed the basis of this action.

Plaintiff further alleged the negligent operation of the car at the rapid rate of speed, and the negligence of the defendant in permitting the rear steps and platform of the ear to remain crowded and congested with passengers when there was sufficient space within the interior thereof.