James v. Key System Transit Lines

From a plaintiff’s judgment for $25,000, on a jury verdict, defendant appeals.

Questions Presented

1. Defendant does not question the sufficiency of the evidence to support the jury’s implied finding of defendant’s negligence, but contends plaintiff was guilty of contributory negligence as a matter of law.

2. Did the court err in refusing to inform the jury after its retirement that plaintiff’s deposition, or a portion of it, could be read? If so, was such error prejudicial?

Facts

For over two and a half years plaintiff had been a policeman of the city of Berkeley, engaged in parking meter…