Ruppel

This is an action by the plaintiff, as administratrix of the estate of Conrad Ruppel, deceased, to recover damages alleged to have been sustained by the heirs of the deceased by reason of his death resulting from the negligence of the defendant. This is the second appeal. At the first trial defendant obtained a verdict. On motion of plaintiff the court granted a new trial on the ground that the evidence did not support the verdict, and that it showed negligence on the part of the defendant. The order was sustained by this court. (Ruppel v. United Railroads, 1 Cal.App. 666 , [ 82 Pac. 1073 ].) The jury on the next trial returned a verdict for the plaintiff, upon which verdict judgment was entered against the defendant. This is an appeal by the defendant from that judgment, and from an order denying its motion for a new trial.

Thé defendant operates a line of street-cars by electric power along Mission street in the city of San Francisco. It appears from the testimony that the deceased, Conrad Ruppel, was driving a light one-horse wagon along the easterly side of Mission street toward Silver avenue; that a car of the defendant’s line, traveling in the same direction, struck with…