Fox

The above-entitled actions arose out of a collision between the automobile of defendant and the automobile of plaintiff Frank A. Fox in which said plaintiff and plaintiff Cora M. Fox, his wife, were riding. The two actions were consolidated and tried before a jury. From a judgment in favor of plaintiffs, defendant appeals.

The accident occurred at the intersection of California and Battery Streets in San Francisco. Plaintiff Frank A. Fox was driving his automobile in a westerly direction along California Street on the northerly side of a westbound cable car which was approaching Battery Street. Defendant Ravera was proceeding in a northerly direction along Battery Street. It appears that neither the motorman of the cable car nor the drivers of the automobiles intended to stop at said intersection. Defendant swerved to the left in attempting to cross in front of the oncoming cable car and the motorman suddenly stopped his car in the intersection to avoid a collision. The motorman testified that he stopped his car within a distance of six feet. Defendant passed within four or five feet of the front of the cable car as it came to a stop. Plaintiff Frank A. Fox, who had been driving…