Francis
Francis v. Sauve
Opinion
Opinion
Sullivan, J.
In this action for damages for wrongful death, the jury returned a verdict in favor of plaintiffs and against the defendant Lawrence A. Sauve in the sum of $46,000. Sauve appeals from the judgment entered on the verdict. The same jury returned a verdict in favor of the defendant Henry L. Ratliff and against the plaintiffs. Plaintiffs have not appealed from the adverse judgment entered on this verdict.
On November 14, 1957, at about 1:15 p.m. defendants Sauve and Ratliff and plaintiffs’ decedent Robert J. Francis were driving their respective automobiles in an easterly direction on Market Street near Seventh Street in San Francisco. The three cars were proceeding in the following order: first, a Ford driven by Ratliff; next, a Plymouth driven by Francis; and last, a Studebaker driven by Sauve. Ratliff stopped his car for a red light at the intersection of Market and Seventh Streets, Francis stopped behind Ratliff. However, Sauve failed to stop and drove his vehicle into the rear of the Francis car which in turn was caused to collide with the Ratliff car ahead of it.
Prior to this accident plaintiffs’ decedent had suffered from high blood pressure for several years. In October…