Aboudara v. City & County of San Francisco

JONES, J. pro tem. This is an action to recover damages for injuries sustained on account of the alleged negligence of the defendant. The trial court found that the defendant was not negligent, and judgment was entered accordingly. From this judgment the plaintiff has appealed.

On the date of the accident appellant was riding as a passenger on a municipally owned bus operated by the defendant. The route of the bus was westerly on Market Street and thence to the Eichmond District in San Francisco. The accident occurred between 4:30 p.m. and 5 p.m. at the height of the commuter traffic. As the bus approached the intersection of Stockton Street an automobile was proceeding along directly in front of it. When this automobile stopped suddenly the bus was also suddenly stopped to avoid striking it. By this operation the appellant was thrown to the floor and injured.

Only two witnesses were called to testify upon the trial of the case. Appellant took the stand in her own behalf, and the defendant called as its only witness, Mrs. Lucille Eothblatt. Mrs. Eothblatt was also a passenger on the bus, and, at the time of the accident, she was standing directly behind the bus driver facing in the same direction. In her testimony she detailed what occurred as follows: “Q. What did you observe in relation to a car preceding the bus as it approached [632]Stockton Street there ? A. Do you mean before the signal changed ? Q. Just before, yes. A. There was a car traveling in front of the bus. Q. At what speed would you say it was traveling, your bus, now ? A. About 20 miles an hour I should judge. Q. The automobile was traveling that speed? A. About the same. Q. And the bus was traveling about the same speed ? A. Approximately, yes. Q. Approximately how far behind the automobile was the bus? A. It was running in the normal line of traffic. 1 would say a few feet behind. Q. When you first observed the signal what was the condition of the signal? A. The car in front of the bus started to cross and the signal changed, and it stopped very abruptly and the bus driver was forced to stop or hit the car. Q. The automobile in front stopped very abruptly ? A. The automobile in front stopped very abruptly. I thought he was going right through. The signal changed and I watched to see ivhat would happen, and he slammed on the brakes and stopped very abruptly, and the bus driver was forced to stop. . . . Q. This car, the ear ahead of the bus, as it approached the intersection, the intersection signal changed, is that correct? A. The signal changed. Q. The signal changed and this bus— this automobile then stopped, is that correct? A. It stopped. It started to stop suddenly, as some drivers decide they will make it, the last car OA^er, then change his mind as the pedestrians step from the curb, and stop abruptly, and jammed on his brakes. . . . Q. And it was going along you would say at a pretty good speed? A. No, just normal, as any other bus I have ridden on that hour of night. Q. But you say it was following within a few feet? A. The normal line of traffic. Q. Á few feet? A. Yes a few feet. Q. When this ear ahead stopped the bus then stopped ? A. To avoid hitting the car. Q. The car ahead stopped suddenly, is that correct? A. Yes. Q. And the bus itself stopped suddenly, is that correct? A. Yes. . . . Q. You noticed Mrs. Aboudara being thrown to the floor? A. That is right.”