Frascona v. Los Angeles Railway Corp.

This is an action to recover damages for personal injuries alleged to have been caused by the negligence of defendant, a common carrier of passengers, while plaintiff was a passenger on one of its street railway cars. The case was tried by the court without a jury. Judgment passed for plaintiff and defendant appeals. The principal question involves the sufficiency of the finding upon the issue of defendant’s negligence as alleged in the complaint.

The complaint alleges a specific act of negligence on defendant’s part. After alleging that, while she was riding as a passenger on defendant’s…