Atkinson
Atkinson v. United Railroads of San Francisco
Opinion
Lead Opinion
Knight, J.
The decedent, John J. Atkinson, was killed while riding as a passenger on one of the street-cars operated by the defendant, United Railroads of San Francisco, when said car collided with an automobile truck belonging to the codefendants, George Scharetg and Sons. Plaintiff as the administratrix of the estate of her deceased husband commenced this action for damages, charging that the wrongful death of her husband had been caused by the joint and concurring negligence of said defendants. The collision occurred on Third Street, between Twenty-second and Twenty-third Streets, San Francisco, on June 26, 1920. The negligence charged against the street-car company was that its car was being carelessly operated at an excessive rate of speed, in violation of the municipal ordinance, and without any notice or warning of its approach; and as against the codefendants it was alleged that they carelessly and without notice or warning of any kind operated said truck from one side of Third Street to the other in front of said street-car. The action was tried before a jury, resulting in a verdict for the sum of twenty-two thousand seven hundred dollars in favor of plaintiff and against the…