Brandelius v. City & County of San Francisco

Plaintiffs appeal from an order granting defendants’ motion for a new trial in an action for alleged wrongful death. The order specifies that the new trial was granted “solely” because the court felt that “the jury was not properly instructed.” The propriety of the order therefore depends upon a determination of whether the trial court had correctly instructed the jury. The challenged instructions relate to the following subjects: (1) the degree of care required of a carrier with respect to an alighting passenger; (2) the presumption of due care in relation to the deceased’s conduct; and (3)…