Keena

The plaintiff commenced an action against the defendant to recover damages for the death of his minor child, a boy of the age of four years and eight months, who was struck by a Castro Street cable car on May 9, 1918, and from which wounds the child subsequently died. The plaintiff was awarded a judgment in the sum of two thousand five hundred dollars, and the defendant has appealed under section 953a of the Code of Civil Procedure.

In his complaint the plaintiff alleged that the defendant’s agent negligently operated the car, and by reason of such negligence the child was killed. The defendant answered! denying the material allegations of the complaint and! pleaded the contributory negligence of the child and also) the contributory negligence of the child’s parents. The; points made by the appellant asking for a reversal will be discussed in the order of their presentation by the appellant. [1] The first two points are so closely allied that they will be discussed together. The plaintiff requested, and the trial court gave, two instructions, which the appellant assigns as erroneous. One of the instructions; is as follows: “If you find that, at the time and place in question, the…