Curtis v. Pacific Electric Railway Co.

WHITE, P. J. Plaintiff brought an action for damages for personal injuries, alleging that the defendants, Pacific Electric Railway Company and city of Los Angeles, while engaged in repairing the tracks of the railway and the pavement between the trades, at the intersection of Venice Boulevard and Wilton Street, negligently permitted a dangerous condition to exist, with the result that plaintiff fell and was injured in attempting to cross the tracks. Trial was had before the court sitting without a jury. A nonsuit was granted as to defendant city, and at the conclusion of the trial the court found in favor of the defendant railway. Plaintiff has appealed from the order of nonsuit, the judgment in favor of the railway, and from the order denying her motion for a new trial.

Some time prior to May 8, 1947, the date of the accident, the city, through its board of public works, ordered the defendant railway to change the grade of its tracks on Venice Boulevard at its intersection with Wilton Place for the reason that the center or crown of Venice Boulevard and the railroad tracks was deemed to be so high as to impede the most efficient operation of the vehicles of the Los Angeles Fire Department. Steps to remedy this condition were thereupon taken by the Pacific Electric Railway Company, under the supervision of one of its employees and also under the supervision of an agent of the city’s board of public works.

The plaintiff testified that she left her home and walked westerly on the north side of Venice Boulevard towards Wilton Place, intending to board one of defendant’s eastbound cars to take her to her employment in downtown Los Angeles. At the intersection of Wilton Place there were marked pedestrian crosswalks across Venice Boulevard as well as passenger loading zones. She observed that the portion of the street and crosswalk area between the tracks was torn up and excavated, and that some boards had been placed in the street parallel to the rails. She testified that both the easterly and westerly crosswalks on Venice Boulevard were excavated and obstructed. Men were working at the scene on the westerly side of the boards and a flagman was standing east of Wilton Place facing west. Plaintiff proceeded to cross Venice Boulevard to the south from the northeast corner of the intersection. She stepped on the boards a foot or so from the easterly end of the boards. As she did so an automobile crossing Venice Boulevard on Wilton Place passed over the boards, causing one of them to move up in such a manner as to trip her, with resulting injuries.

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