Combs v. Los Angeles Railway Corp.

I dissent. In my opinion plaintiff was guilty of contributory negligence as a matter of law. (See my concurring opinion in Satterlee v. Orange Glenn School District, ante, p. 581 [177 P.2d 279].) Under the instruction given by the trial court, riding on the streetcar steps in violation of the ordinance was merely evidence of negligence, and the jury was permitted to apply as a standard, the conduct of a man of ordinary prudence rather than the standard prescribed by the ordinance.

The principal issue in this case is whether the plaintiff was “riding” on the streetcar steps in violation of the…