Riggs v. City & County of San Francisco

Plaintiff's appeal from an adverse judgment upon a jury verdict raises the sole question of whether the giving of a certain erroneous instruction was prejudicial.

The Instruction

“If you find that the plaintiff was not a passenger at the time that she suffered her alleged fall, then the defendant *482did not owe any duty to the plaintiff, and hence your verdict must be for the defendant, City and County of San Francisco. ’ ’

Obviously, the instruction was erroneous. (Defendant does not contend otherwise. ) Public carriers owe to intending passengers and to the public generally a duty to exercise…