Forsythe v. Los Angeles Ry. Co.

McFARLAND, J.

On the sixteenth day of March, 1903, J. W. Forsythe, since deceased, was a passenger on a street-ear of the defendant the Los Angeles Bailway Company, which was running southerly on Main Street in the city of Los Angeles. He was seated in the front part of the car on the easterly side, and in a seat provided by the railroad company for passengers. As the car was crossing Seventh Street there was a collision between the car and a large heavily loaded wagon of the other defendant, the Los Angeles Hay Storage

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Company, and driven by one of its employees; and by this collision the said Forsythe received injuries from which he afterwards died. This action was brought by his administratrix, who is also his widow, against both of said defendants to recover damages for his death, the plaintiff alleging that the death was caused by the negligence of both the said defendants. (For brevity, the said first-named defendant will be hereafter called the railway company, and the other defendant the storage company.) The case was tried without a jury, and j the court found that the injuries were caused by the negii- ■ gence of the said railway company, and that the other - defendant, the storage company, was not guilty of any negligence in the premises. It found the amount of the damage to be four thousand dollars, to which finding no exception is taken; and it rendered judgment for plaintiff against the railway company for the aforesaid amount of money, but rendered judgment for costs against plaintiff in favor of the

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storage company. The defendant the railway company made * a motion for a new trial, which having been denied, it appeals from the order denying said motion, and also from the judgment. The plaintiff being dissatisfied because judgment was not given her also against the storage company, moved the court, under sections 663 and 663% of the Code of Civil Procedure, to amend the conclusions of law so as to show that plaintiff was entitled to judgment against both defendants; and this motion having been denied, the plaintiff appeals from the order denying it, and also from that part of the judgment which is in favor of the said storage company and against plaintiff, and which adjudged that the plaintiff take nothing against said defendant and that the latter recover its costs against plaintiff. Plaintiff did not make any motion for a new trial.