Keyes v. Geary St., Park, & Ocean R.R.

This is an action on behalf of an infant plaintiff for damages for personal injuries caused him by being struck by a moving car of defendant. Verdict and judgment were in his favor, and the defendant appeals from such judgment, and from an order denying its motion for a new trial;

I. The evidence given on the trial is sufficient to sustain the verdict upon the theory that defendant’s gripman, after actual discovery of plaintiff’s perilous situation, could have avoided the injury by the exercise of ordinary care. The well-settled rule that one is bound to use ordinary care to avoid injuring a…