Kellenberger v. Market Street Cable Railway Co.

SEARLS, C.

This is an appeal from an order granting a new trial. The action was brought to recover damages for injuries alleged to have been received by Ida Kellenberger, wife of her coplaintiff, on the eighth day of April, 1890, while a passenger on the cable car of the defendant. Plaintiff was on a Hayes street car, the gripman of which, as he approached the crossing of the Sutter street cable road on Larkin street, should, it appears, have “let go,’’ or released the cable, but was diverted from doing so by the perilous situation of a pedestrian on the track, and as a result did not let go…