Bond

This is an appeal from the judgment in favor of plaintiff for four thousand five hundred dollars, entered in accordance with the direction of the supreme court, and it is a companion case to No. 1180, involving an appeal from the order of the lower court striking from the record defendant’s motion for a new trial, the opinion in which is filed herewith.

It was the theory of plaintiff that her son, Gustave Fritz, was a passenger riding on the running board opposite the rear open section of an electric car proceeding southerly on a westerly Fillmore Street track, in San Francisco, on the evening of December 17, 1905, when the eastbound McAllister Street cable car collided with it at the crossing of said streets, and that by reason of said collision the said Fritz received injuries from which he died on the twenty-eighth day of December, 1905. This appears suitably in the complaint with the allegation of negligent operation of said cars by defendant.

1. The preliminary motion of respondent to dismiss the appeal, based upon reasons sufficiently appearing in said opinion in No. 1180, must be denied, on the authority of Sala v. City of Pasadena, 162 Cal. 714 , [ 124 Pac. 539 ].

2.…