Myles v. Los Angeles Railway Corp.

WOOD (W. J.), J. Plaintiff has appealed from an order of the trial court granting defendant’s motion for a new trial after a jury had returned a verdict in favor of plaintiff in the sum of $5,000. The new trial was granted on the ground of the insufficiency of the evidence to justify the verdict. On this appeal plaintiff contends that the court abused its discretion in granting the motion.

Plaintiff testified that on September 3, 1941, accompanied by two friends, she attempted to board a southbound streetcar operated by defendant at the intersection of Twelfth Street and Central Avenue in Los Angeles; that while she was attempting to board the car it started and caused her to be dragged for some distance along the pavement. Plaintiff narrated the circumstances of the accident: “Well, I was supposed to go to the show, that is where I started to go .to the show, so I came across the street to catch the car and I stood in the safety zone. The car stopped. Just as I went to mount the car or board the ear, the car—I got on the back steps of the car and before I could get on the car, the car started. Well, that threw my feet off the "steps but I still held on the support of the car with my hands. My feet was dragging but I still had hold of the car. Q. Then what happened? A. Well, the car didn’t stop. Well, my right hand gave way and I still had hold of the rails with the left hand, see, while praying for the car to stop, hoping that it would. Well, they drug me quite a ways. Well, then my left hand gave way, this arm was dragging already (indicating). Well, when I fell loose from the car my arm, my right knee, was [16]tore, my clothes was tore off this arm this side and my arm and my knee was bleeding (indicating). Q. Then what happened-A. I beg your pardon? Q. Then what happened after that? A. What happened? Well, after I fell away from the car there was some men they rescued me to the sidewalk. They helped me to the sidewalk. They picked me up out of the street and rescued me to the sidewalk.” Plaintiff’s testimony was corroborated by the testimony of her two friends and by that of another witness, who had not been on the street car. One of the friends, Mrs. Shaw, testified that when the car failed to stop she boarded a following streetcar and rode on it to 46th Street. At that point she engaged a Blade and White cab and rode to the end of the line. On cross-examination she testified that the cab in which she had ridden was a Yellow cab. Upon arrival at the end of the line she boarded the car from which plaintiff had fallen and took the number of the car, 316. She also took the number of the conductor’s cap, which also was 316. She did not say anything to the conductor about the accident and had no conversation with him.