Paris v. Los Angeles Railway Corp.

DORAN, J. This is an appeal by defendant in an action for damages for personal injuries wherein plaintiff recovered judgment.

A jury trial resulted in a verdict for plaintiff. Motions for a nonsuit and a directed verdict during the course of the trial were denied. A motion for judgment notwithstanding the verdict was also denied. Following an unsuccessful motion for a new trial, defendant appealed from the judgment.

[951]The injuries resulted from an accident which appellant describes as follows:

‘ ‘ The accident occurred between 12:30 and 1:00 A. M. and because of the ‘blackout’ which prevailed during the war street lights were hooded. Prior to the accident plaintiff, as he was crossing Broadway in an easterly direction at the south side of 47th Street observed a ‘7’ line car at about 47th Place which was northbound and which passed him as he reached the east curb. When he stepped upon the curb he observed a woman standing between the north and southbound streetcar tracks at a point approximately 50 feet north of the north crosswalk of 47th Street facing west and also observed another ‘7’ line car, which was southbound, approaching the place where she was standing and about 10 to 20 feet north of her position in the street. By this time the northbound ‘7’ line car had crossed 47th Street and he observed the woman start to step backwards and then the northbound car cut off his view. After the two ‘7’ line cars had passed each other he observed the body of the woman on the street very close to or on the southbound rail. He immediately started running towards the deceased and for the first time observed a southbound ‘8’ line car approaching from 46th Street. He reached the deceased’s body when this ‘8’ line car was 10 to 15 feet from it and tried to pull the body from the track but, according to his testimony, was struck by the ‘8’ line car which stopped 6 to 10 feet south of the woman’s body.”

It will be seen from the above that a woman was injured by one of two passing streetcars and that when plaintiff went to her assistance, a third car approached and, striking plaintiff, caused the injuries complained of.

It is contended by appellant that, ‘ ‘ There is no evidence to sustain the implied finding of the jury that defendant was negligent or that negligence, if any, upon its part, proximately caused injury to the plaintiff” and that, “The court erred in submitting the case to the jury upon the doctrine of the last clear chance.”