Hutson v. Gerson

DESMOND, J.,

pro

tem.

A jury awarded to the plaintiff judgment in the sum of $6,000 against all the defendants. They appeal from that judgment and from an order of the trial court by which they were denied a new trial.

The plaintiff, as she was crossing Central Avenue at or near the northerly line of Jefferson Street, in the city of Los Angeles, between 7 and 8 P. M. of November 22, 1928, was struck, thrown to the ground and injured by a taxicab. This vehicle was traveling south on Central Avenue, and bore the license number 243516. It will be noted that the defendants comprise six individuals, namely, Gerson, Livingston, Calder, DeVoy, Van Elm and S. G. Stephens; the California Highway Indemnity Exchange, a corporation; and S. G. Stephens sued also as doing business under the firm name and style of Crown Cab Co. For convenience the California Highway Indemnity Exchange will be hereinafter referred to as the Exchange. The same attorneys who have at all times represented the Exchange have at all

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times represented the other defendants, two identical answers being filed, one for the Exchange and one for the other defendants as a group. Introduced in evidence was a policy, No. 5513, of the Exchange dated December 15, 1927, in which defendants Gerson, DeVoy and Livingston appear as the assured parties, described as doing business as the Crown Cab Co. Attached to this policy were many “indorsements”, so called, covering under the terms of the policy certain taxicabs in addition to the one described in the original. One of the indorsements, effective February 16, 1928, attached to and made part of policy No. 5513, included the taxicab involved in this case, the same being No. 135 in the fleet of taxis of the Crown Cab Co., covered by this insurance. In an indorsement effective May 31, 1928, the “name of the assured covered by the above mentioned policy is amended to read Jean A. Calder, and Joseph Gerson, d. b. a. (doing business as) Crown Cab Co.” June 18, 1928, another indorsement amended the name “to read Crown Cab Co., H. J. Van Elm, President in lieu of Jean A. Calder and Joseph Gerson d. b. a. Crown Cab Co.” On September 21, 1928, another indorsement changed the name of the assured “to S. G. Stephens doing business as the Crown Cab Co., instead of as stated in the policy”. The latest indorsement, effective May 23, 1929, eliminated from coverage of the policy thirteen taxicabs, not including cab No. 135. Nor was this cab eliminated by any other indorsement. The original policy No. 5513 carries a cancellation notice dated August 14, 1929, terminating liability on August 13, 1929, at the request of insured “to be replaced by policy No. 6034”.