Richards v. Stanley

I dissent.

In my opinion, the complaint was sufficient to state a cause of action for negligence without reference to the alleged violation of the ordinance, and the trial court therefore erred in granting the motion to exclude any evidence and in granting the motion for nonsuit without taking any evidence.

It was alleged in the complaint that defendant Mary Stanley, at about 5 :30 p. m. on the day of the accident, left her automobile “unattended and unlocked with the ignition key in said car lock” on “Stevenson Street, west of Second Street” in San Francisco; and that “by reason of the…