Whitford v. Pacific Gas & Electric Co.

In an action for damages for personal injuries the jury brought in a general verdict in favor of defendants. Plaintiff appeals from the judgment entered thereon.

Questions Presented

1. Was there any evidence of contributory negligence to support the court’s instructions on that subject?

2. If contributory negligence was an issue, did the court err in failing to instruct specifically concerning the burden of proof on that issue ?

Evidence

The accident occurred about 7 o’clock on a dark but dry evening in January at the intersection of Stockon and Polhemus Avenues in San Jose. At the southeast…