Evarts v. Santa Barbara Consolidated Railway Co.

Action for damages on account of alleged negligence. Judgment for plaintiffs, from which defendant appeals.

The case was tried by a jury upon the testimony of the plaintiffs’ witnesses alone, the defendant submitting no evidence. The evidence on the part of plaintiffs tended to show that defendant has caused an excavation to be made in a public street in the city of Santa Barbara, and suffered the same to remain open and unguarded and without signal lights to warn travelers of the danger. That Dr. Evarts, a man about forty-four years of age, a practicing physician, who had engaged in such…