Poak v. Pacific Electric Railway Co.
California Supreme Court
The facts are stated in the opinion of the court. Frank Kerr, R. C. Gortner, and A. W. Ashburn, Jr., for Appellant.
1Opinion of the CourtSloss, J.
Action against a street railway company to recover damages for personal injuries. A jury was waived, and the court gave judgment in favor of the plaintiff for one thousand dollars and costs. The defendant appeals from the judgment, and from an order denying its motion for a new trial.
The allegations of the complaint, with respect to negligence, are that while plaintiff, a passenger on one of defendant’s cars, was in the act of alighting, the car was started without warning or notice to her, throwing her upon the pavement of the street.
The findings are not in exact accord with these averments.…
2Cases cited9 opinions
- Birmingham Union Railway Co. v. SmithSupreme Court of Alabama · 1890
- Peterson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1908
- Patterson v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Memphis Street Railway Co. v. ShawTennessee Supreme Court · 1903
- Leavenworth Electric Railroad v. CusickSupreme Court of Kansas · 1899
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3Cited by2 opinions
- Los Angeles County Flood Control District v. WrightCalifornia Supreme Court · 1931
- M. H. Hoffman, Inc. v. Bernstein Film ProductionsCalifornia Court of Appeal · 1919