Broedlow

While operating an automobile in the "jitney" service along Seventh Street, in Oakland, appellant collided with a pedestrian named Lydia Mesmer, inflicting upon her injuries from which she soon afterward died. As a result of the accident, the decedent's mother, being depen dent, upon her daughter’s support, commenced this action for damages, alleging that her daughter’s death was proximately caused by the negligent operation of appellant’s automobile, and upon trial before the court sitting without a jury was given judgment for the sum of two thousand five hundred dollars, from which judgment this appeal has been taken. The points urged for reversal are that the court erred in not granting a nonsuit and that the findings upon the contested issues of appellant’s negligence and the decedent’s contributory negligence are not supported by the evidence.

The accident happened on December 4, 1924, about the hour of 7:20 P. M., on Seventh Street between Myrtle and Market Streets, at a point about sixty feet east of the intersection of Seventh with Myrtle, while the decedent was attempting to cross Seventh Street. The latter street runs east and west, is about seventy-four feet in width,…