Roche v. Redington

Citations

• 125 Cal. 174
• 57 P. 890
• 1899 Cal. LEXIS 821

Syllabus

<p>Negligence—Injury oe Street Sweeper by Vehicle—Instruction—Slipping oe Wheels.—In an action to recover damages for personal injuries caused to the plaintiff while sweeping the street, by the negligent and too rapid driving of defendant’s vehicle, which struck plaintiff with its wheels, where there is evidence tending to sustain the action, an instruction to the effect that it cannot be said that the mere slipping of the wheels' ■ upon the wet street-car track, while the driver was attempting to turn out to avoid striking the plaintiff, would not conclusively, or as matter of law, repel the imputation of negligence, is proper, and does not charge the jury with respect to matters of fact.</p> <p>Id.—Support of Verdict—Sufficiency of Evidence—Where the evidence in such action, though conflicting upon some points, tended to show that the vehicle was driven with considerable speed almost onto the plaintiff, before the driver pulled the horse out of the street-car track, and that plaintiff was stiuek by the hind wheels , of the vehicle, which- held the track, and slewed forward, and that the injury was the result of want of ordinary care -and prudence, if not of recklessness, on the part of the driver, and was without the fault of the plaintiff, who was not aware of his danger, the evidence is sufficient to justify a verdict for the plaintiff.</p> <p>Id.—Excessive Damages—Review upon Appeal—Passion or Prejudice.—Where the evidence tends to show that the injury to the plaintiff was serious, and resulted in the permanent shortening of a broken leg, and rendered plaintiff less able than formerly to do a day’s work, and that he had not -recovered at the time of the trial, and was then suffering pain from the injury, a year and a quarter thereafter, a verdict for damages, in the sum of four thousand dollars, cannot be said by this court to have been given as to any excess by the jury under the influence of passion or prejudice, on which ground alone can the amount of a verd