Gelini

Plaintiff appeals from a judgment entered upon a jury verdict in favor of defendant in a personal injury action arising from a collision between the front end of defendant’s cable ear and the rear end o£ a taxicab being operated by plaintiff.

The collision occurred at the intersection of Powell and Bush Streets, San Francisco, on July 3, 1957, about 5:10 p. m. Powell Street runs north and south and Bush Street runs east and west. Traffic at the intersection is controlled by signals exhibiting red, green and yellow colored lights successively, one at a time. Powell Street is a cable car route, with separate sets of tracks for northbound and southbound cars. The block on Powell Street immediately to the north of Bush Street has a downgrade of 17 per cent in a southerly direction.

The taxi and the cable car were both proceeding south on Powell Street, the taxi being ahead of the cable car and straddling the southbound rails. In response to the red traffic signal for traffic on Powell Street, plaintiff stopped his taxi at a point about 2 feet north of the north crosswalk for pedestrians crossing Powell Street. It was his intention to proceed straight through the intersection when…