Brooks

Appellants seek reversal of the judgment rendered in the trial court on a verdict for $15,000 awarded respondent in her representative capacity as damages for the death of her husband, who was injured and died as the result of an automobile collision alleged by respondent to have been caused through appellants’ negligence.

As grounds for reversal appellants urge that the negligence of appellants was not proven, that the decedent was guilty of contributory negligence, and that the court erred in giving an instruction upon the doctrine of last clear chance.

Briefly the facts are these: On Sunday, November 6, 1927, at about 9:30 A. M., Charles C. Brooks was operating a Dodge coupe in a northerly direction on the easterly portion of the Embarcadero between piers 35 and 37 in the City and County of San Francisco. At the same time appellant J. M. Dunne, an employee of appellant City and County of San Francisco, was operating a seven-ton bus, 30 feet in length, to the rear of the Dodge coupe in the same direction and on the same side of the Embarcadero. The surfaced portion of the Embarcadero at the points involved in this action was then approximately 110 feet wide, having an asphalt…