Gackstetter

The plaintiff, a minor, was injured by a car operated by defendant Market Street Railway Company. She was between three and four years of age at the time of the accident. The action is against the company and its employee, the motorman who was operating the car. A jury returned a verdict for the plaintiff against both defendants. A motion for a new trial having been made and denied an appeal was taken from the judgment.

This was the second trial of the case. A judgment entered against the defendants on a previous trial was reversed (Gackstetter v. Market Street Ry. Co., 104 Cal. App. 89 [ 285 Pac. 409 ]). The date of the accident was June 24, 1925, at about 3:30 P. M. It occurred on Hayes Street between Broderick and Divisadero Streets in San Francisco. Between the two streets last mentioned Hayes Street slopes to the east, the grade being 3.6 per cent. Defendant company maintained a double track railway thereon, and the car which struck plaintiff was descending the grade. The motorman testified that from Broderick Street to the place of the accident the car was traveling between 7 and 8 miles an hour. He first testified that at that speed the ear could be stopped within 10 or 15…