Armstrong

This action was brought by Nellie Armstrong (who will be hereinafter referred to as the plaintiff) and her husband against William C. Day to recover damages alleged to have been sustained by reason of defendant’s negligent operation of an automobile. A jury returned a verdict for the plaintiff. The defendant has appealed from the judgment entered thereon.

As grounds for reversal it is claimed that the evidence is insufficient to sustain the verdict; that the court erred in allowing an amendment to the complaint during the trial, and in giving and refusing certain instructions.

The injuries occurred at the corner of Post and Kearny Streets in San Francisco. These streets run east and west and north and south, respectively. On each street and occupying the center thereof are double tracks of a street railway, and a track connecting the northerly track oh Post Street with the westerly track on Kearny Street rounds the northwest corner of the intersection. The westerly sidewalk on Kearny Street is fourteen feet wide, and it is eleven feet seven inches from the most northerly rail of the tracks on Post Street to the northerly curb line of said street.

On Saturday, October 23, 1926,…