Paine v. San Bernardino Valley Traction Co.

HARRISON, C.

The plaintiffs are husband and wife, and brought this action to recover damages from the defendant for a personal injury sustained by the wife by reason of the negligence of the defendant. The ease was tried by the court without a jury, and findings and judgment were given in favor of the plaintiffs. The defendant has appealed from the judgment upon the ground that it is not sustained by the findings, bringing the appeal here upon the judgment-roll without, any bill of exceptions.

The plaintiffs were driving in a buggy in the city of San Bernardino, along G Street, in a northerly direction towards Third Street, and had reached the south crosswalk of the intersection of said streets when they perceived a car of the defendant on Third Street,, about two hundred feet west of the crossing, coming towards them, which was being propelled by electricity at the rate of from twenty-five to thirty miles an hour. By reason of obstructions to their

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view to the west, the plaintiffs were unable to see the car until they were at said crosswalk, or to hear any warning of its approach. The motorman of the car saw the buggy and horse approaching the line of the road when the front of the car was two hundred feet west of the crossing, but made no effort to stop the car or slacken its speed until it reached the west side of G Street. Immediately upon seeing the car the plaintiffs turned their horse’s head sharply to the east, cramping the buggy as far as possible, but notwithstanding their precaution the car violently struck the left front wheel of the buggy and hurled it, together with the plaintiffs, to the ground, and dragged them a great distance thereon.

The court found “That plaintiffs acted with due care and caution in approaching said crossing and did not contribute to the said accident by any negligent act or conduct on their part; that defendant was guilty of negligence in the operating and managing of said car and in running at the said rate of speed”; and that by reason of said negligent acts and conduct of defendant and said collision the plaintiff wife was severely injured in her person and suffered great pain and suffering, to her damage in the sum of eight hundred dollars.

The appellant urges that inasmuch as the injury was caused by the collision, and as the court does not expressly find that the collision was caused by reason of the negligent act and conduct of the defendant, its liability for the injury is not shown.