Combs v. Los Angeles Railway Corp.

EDMONDS, J. Combs sued to recover damages for personal injuries, and the appeal of the Los Angeles Railway Corporation attacks the judgment in his favor upon the ground that he was contributorily negligent as a matter of law. As in Satterlee v. Orange Glenn School District, ante p. 581 [177 P.2d 279], certain jury instructions are challenged upon the ground that they incorrectly state the law in regard to the effect of a plaintiff’s violation of a statute upon his cause of action for negligence.

The accident occurred when a streetcar operated by the railway company collided with an automobile operated by Joseph Commodore. Combs was standing on the step of the car and the impact threw him to the street. He named both the corporation and Commodore as defendants. Each of them denied the charge of negligence and, as a separate defense, pleaded contributory negligence.

As Combs explained the circumstances of his ease, late in the afternoon, he and several other persons were standing at a loading zone waiting for a streetcar. When it arrived, he made no observation as to the number of persons which it carried, nor did he notice that the rear platform was crowded. However, he saw several persons riding on the rear step.

He was the last person to board the car. He reached the second step and, after the car started, paid his fare to the conductor, received a transfer, and then endeavored to make his way to the platform. However, it was so crowded with passengers that he could not do so. As the streetcar approached the next stop, and while Combs was still on the second step, the car and the automobile of Commodore collided. The impact ripped the steps from the body of the car and Combs received injuries for which he now claims damages.

At the conclusion of the plaintiff’s case, both defendants •challenged the sufficiency of the evidence by motion for a nonsuit based upon the claim that the evidence conclusively •established that, as a matter of law, Combs was guilty of contributory negligence. This motion was denied. Upon the same grounds, at the close of the trial, each defendant unsuccessfully moved for a directed verdict.

[608]The jury returned its verdict in favor of Combs and Commodore and against the railway company. The appeal of the corporation is from the judgment and from the order denying its motion for judgment notwithstanding the verdict.