Gillette v. City of San Francisco

The defendants appeal from a judgment for plaintiff entered pursuant to the verdict of a jury in an action to recover damages for personal injuries of a permanent character sustained by plaintiff as the result of being struck by a street car of the Municipal Railway, operated by the defendant city. The motorman was joined as party defendant, and one of the defenses urged was contributory negligence. At a previous trial a jury returned a verdict for the defendants; plaintiff appealed, and the judgment was reversed for the giving of erroneous instructions. The court held that while it could be…