Schulman v. Los Angeles Railway Corp.

WOOD, J. Mrs. Sarah Schulman, 66 years of age, was struck by a bus owned by defendant corporation and driven by defendant Richards on June 3, 1939. The injuries she received resulted in her death and this action was commenced by her five adult children - to recover damages from defendants. A jury returned a verdict in the sum of $2,500 against defendants, who have appealed from the ensuing judgment.

There is a vast difference between the views of the parties on the subject of the alleged contributory negligence of decedent. Defendants concede that there is sufficient evidence to support a finding that the bus driver was negligent but they assert that decedent was guilty of contributory negligence as a matter of law. On the other hand plaintiffs assert that “only one conclusion is possible from those facts—the de[125]ceased had correctly judged her ability to cross the street in ample time but failed to take into account that, though in plain sight, at a regular crosswalk, a bus would suddenly and without warning change its course and run her down within 1% feet from safety”. In deciding between these two views this court must accept as true all evidence tending to support the verdict and must indulge in favor of plaintiffs every inference that can reasonably be drawn from the evidence. (Cope v. Goble, 39 Cal. App. (2d) 448 [103 Pac. (2d) 598].)

The accident occurred at about 8 o ’clock in the evening at the intersection of Soto and Folsom Streets in the city of Los Angeles. Soto Street runs in a northerly and southerly direction and is 56 feet in width. Folsom Street runs in a westerly and easterly direction and is 40 feet in width. There is a “jog” in the street, the westerly extension from Soto Street being about 45 feet south of the easterly extension. At the time of the accident the street lights were in operation. Taking the evidence in the light most favorable to plaintiffs, in accordance with the above mentioned rule, it appears that defendants’ bus was traveling in a northerly direction on Soto Street at a rate of speed “a little better than 35 miles per hour”. The bus was several minutes late and its speed was not slackened before it struck decedent. Mrs. Schulman was standing at the curb on the west side of Soto Street at a point opposite the north curb line of the easterly extension of Folsom Street. At that time there was considerable south bound traffic on Soto Street but there was no north bound traffic on the street except defendants’ bus and a car driven by Donald Erickson, which was following the bus at a distance of about 30 feet. Mr. Erickson testified that his car was approximately 100 feet south of the south curb line of the easterly extension of Folsom Street when he saw Mrs. Schulman step from the curb. At that time Mr. Erickson saw an “opening” in the south bound traffic and was intending to pass the bus. He testified that Mrs. Schulman looked to the north and to the south as she stepped from the curb and then walked directly toward “the sidewalk or curb line on the northeast part of Folsom. It looked as though she walked directly across.” Mrs. Schulman was walking rapidly. Erickson further testified that although he observed Mrs. Schulman she did not look “either way” when she reached