Mialkowsky v. Los Angeles Transit Lines

Defendant appeals from an adverse judgment on a jury verdict awarding plaintiff damages for personal injuries allegedly sustained as a result of plaintiff’s fall while alighting from defendant's streetcar. Plaintiff testified that “ [w]hen I stepped, the first step it was, the street car moved sharply and my feet slipped and I fell down.”

It was defendant’s theory that if plaintiff was injured as a result of a fall, the accident occurred after he had safely alighted from the streetcar. The operator of the car testified that nothing unusual occurred at or about the time, or at the place, as…