Stealey

This is an action to recover for personal injuries. The defendants had judgment and the plaintiff has appealed. About 11 o’clock at night on the twenty-ninth day of.November, 1930, the automobile driven by the defendant George Chessum struck Mrs. Florence S. Adams in the back, knocked her down, and so injured her that she died immediately. The accident occurred at a point about halfway -between Burlingame Avenue and Ralston Avenue on El Camino Real, the highway leading from San Francisco to San Jose. As her sole heir the plaintiff, her brother, commenced this action.

Except as we will mention no vehicles were driving on the highway and it was not obstructed by any objects preventing an unobstructed view between Burlingame Avenue and Ralston Avenue. Between the curbs the highway is fifty feet wide. There is a slight downgrade to the south. The highway is paved and is surfaced with black asphaltum. The distance between the curb lines of the two avenues above mentioned is 350 feet. On each side of the highway is a sidewalk four feet wide, but the record does not disclose its condition or whether it is usable. On the western side of the highway between the sidewalk and the property…