Holt

This is an appeal from a judgment for damages for injuries sustained in an automobile collision, based upon the verdict of a jury. The respondent was a passenger for hire in a taxicab owned and operated by the appellants. The collision occurred on First Street, between Cedar and Date Streets, in the city of San Diego, First Street is a paved street, fifty-two feet wide from curb to curb, running north and south. As the taxicab proceeded north on the occasion in question, it collided with a southbound automobile practically in the center of First Street and about forty-six feet north of the Cedar Street intersection, at a time when no other traffic was in sight.

It is first urged that there is no substantial evidence of negligence on the part of the driver of the taxicab. This driver testified that when he was at the intersection of First and Cedar, he saw the other car at the intersection of First and Date, which was 300 feet away; that this other car was then coming south, being a little west of the center line of the street; that shortly thereafter that car wobbled back and forth across the center line of the street several times, finally going over to within one or two feet of…