Burr v. United Railroads of S.F.

In this action, brought to recover damages for the alleged negligent destruction by defendant of plaintiff’s automobile, the court, at the close of plaintiff’s case, granted a nonsuit. Plaintiff appeals from the judgment, and from an order denying his motion for a new trial.

One of the grounds upon which a nonsuit was asked was “that no negligence has been shown, actionable or otherwise.” The evidence offered by plaintiff tended to show that at a point on the “Mission Road,” a street of the city and county of San Francisco, the defendant, a street railroad corporation, was repairing its track.…