114 Cal. App. 2d 630 | Cal. Ct. App. | 1952
This is an action to recover damages for injuries sustained on account of the alleged negligence of the defendant. The trial court found that the defendant was not negligent, and judgment was entered accordingly. From this judgment the plaintiff has appealed.
On the date of the accident appellant was riding as a passenger on a municipally owned bus operated by the defendant. The route of the bus was westerly on Market Street and thence to the Eichmond District in San Francisco. The accident occurred between 4:30 p.m. and 5 p.m. at the height of the commuter traffic. As the bus approached the intersection of Stockton Street an automobile was proceeding along directly in front of it. When this automobile stopped suddenly the bus was also suddenly stopped to avoid striking it. By this operation the appellant was thrown to the floor and injured.
Only two witnesses were called to testify upon the trial of the case. Appellant took the stand in her own behalf, and the defendant called as its only witness, Mrs. Lucille Eothblatt. Mrs. Eothblatt was also a passenger on the bus, and, at the time of the accident, she was standing directly behind the bus driver facing in the same direction. In her testimony she detailed what occurred as follows: “Q. What did you observe in relation to a car preceding the bus as it approached
It is obvious from the facts as detailed by this witness that the driver of the bus was confronted with the choice of either stopping the bus or striking the car in front. Whether in so stopping he acted in a manner which was reasonably prudent for the safety of his passengers was a question of fact for the trial court. The court below having answered the question in the affirmative, this court is bound by its determination. When, as is said in James v. American Buslines, 111 Cal.App.2d 273 [244 P.2d 503], “there is pre
It may be said in answer to the contention of appellant that the doctrine of res ipsa loquitur applies to the case that a complete explanation of the cause of the accident was given by the witness who directly observed its occurrence. This explanation proved satisfactory to the trial court as is evidenced by its finding that the defendant was not negligent. “ The inference of negligence, which the” trier of fact “may draw from an application of the doctrine of res ipsa loquitur is a proper case, is in the nature of indirect evidence, but the conclusion therefrom that negligence exists is not mandatory.” (Armstrong v. Pacific Greyhound Lines, 74 Cal.App.2d 367, 373 [168 P.2d 457].) As is said in James v. American Buslines, 111 Cal.App.2d 273, 276 [244 P.2d 503], “In an action for personal injuries sustained by plaintiff while a passenger in defendant’s bus, it is the sole province of the jury to determine from all the evidence whether plaintiff’s prima facie case arising from the application of the doctrine of res ipsa loquitur is adequately met or balanced by defendant’s showing of the conduct of the driver and the circumstances of the accident. ” There is a legion of authorities to the effect that where there is any substantial evidence, contradicted or uncontradicted, which will support a questioned finding of fact the reviewing court is bound by the finding and may not disturb it on appeal. (See Haak v. Southern Cities Transit Co., 94 Cal.App.2d 262 [210 P.2d 522]; Collas v. Pasadena City Lines, Inc., 89 Cal.App.2d 93 [200 P.2d 77]; Armstrong v. Pacific Greyhound Lines, 74 Cal.App.2d 367 [168 P.2d 457].) In Crooks v. White, 107 Cal.App. 304, 309 [290 P. 497], it is said that “even though all facts are admitted or uncontradicted, nevertheless, if it appears that either one of two inferences may reasonably be deduced from those facts, there still remains a question of fact to be determined by the jury, and that the verdict of the jury cannot be set aside by a reviewing court on the ground that it is not sustained by the evidence. In reviewing a question of this kind, all inferences, reasonably possible from the evidence, favorable to the prevailing party, must be indulged by this court. (Anderson v. Los Angeles Transfer Co., 170 Cal. 66 [148 P. 212]; Woodard v. Glenwood Lbr. Co., 171 Cal. 513 [153 P. 951]; Hassell v. Bunge, 167 Cal. 365 [139 P. 800]; Mah See v. North American Acc. Ins. Co., 190 Cal. 421 [26
Even though appellant testified to the contrary in some particulars, the testimony of Mrs. Rothblatt affords abundant support for the finding that the defendant was not negligent. The judgment is affirmed.
Nourse, P. J., and Goodell, J., concurred.