Bassett v. Los Angeles Traction Co.

Citations

• 6 Cal. Unrep. 700
• 65 P. 470
• 1901 Cal. LEXIS 1239

Syllabus

<p>Carriers—Injury to Passenger—Presumption of Negligence.— Where it is shown that an injury to a passenger was caused by the act of the carrier in operating the instrumentalities employed in Ms business, there is a presumption of negligence, which throws on the carrier the burden of showing that the injury was sustained without any negligence on his part; and hence a verdict for plaintiff for injuries against a street railroad will not be reversed because the evidence fails to show that the rate of speed of the car at the time of the accident was excessive, or that the excessive rate of speed or other negligence of defendant was the proximate cause of the injury, since it is sufficient that it fails to show that it was not so.</p> <p>Carriers—Injury to Passenger.—The Admission of Evidence that defendant’s ears had been running slower at the place where the accident occurred since it happened was harmless, if erroneous.</p>