Tucker

This is an appeal from the judgment awarding damages for death of the plaintiff’s husband. The plaintiff and her husband at about 10 o’clock at night January 13, 1928, alighted from the front end of a westbound municipal street-car at the safety station at Ocean Avenue opposite Cedro Avenue in San Francisco. To what extent that neighborhood is populated the record does not disclose nor does it disclose ordinary traffic conditions. The diagram brought up as a part of the record on appeal shows a light opposite the west end of the safety station. It shows another one on the south side of Ocean Avenue about seventy feet west from the western property line of Cedro Avenue. These lights were forty-four candlepower. The streets in that part of the city are laid out in curves. The ground is hilly and the streets are on grades up and down. On the night of the accident it was very dark. A storm of heavy wind and rain was taking place. Both Mr. and Mrs. Tucker were dressed in dark clothing. When they alighted from the street-car Mrs. Tucker raised an umbrella. She testified that when the street-car passed on she and her husband crossed directly to the southern sidewalk on Ocean Avenue. If…