Lolli v. Market Street Railway Co.

Plaintiff appeals from a judgment entered upon the verdict of a jury in favor of defendants in an action to recover damages for personal injuries. A motion for new trial was automatically denied by failure of any action thereon within the statutory period (Code Civ. Proc., sec. 661). The appeal is primarily directed to challenging certain instructions upon contributory negligence given at defendants’ request or upon the court’s own motion.

The action arises out of an accident which occurred at about midnight on the Mission Street viaduct in San Francisco, over which the Market Street Eailway…