Wagnitz

This is an appeal from a judgment on a $15,000 verdict in a suit for damages resulting from the death of plaintiffs’ husband and father, who was struck and fatally injured by an automobile operated by one of the defendants.

About 10 o’clock on the night of December 21, 1919, Katie E. Wagnitz, one of the plaintiffs, and her husband, Edward J. Wagnitz, alighted from a west-bound McAllister Street car, in the city and county of San Francisco, when it stopped at the northeast corner of McAllister Street and Larkin Street, walked around in front of it and started straight across McAllister Street toward the curbing at the southeasterly corner of the intersection of said streets, intending to board the north-bound Larkin Street car, which was standing at the southeast corner of the streets above named. It was dark and drizzling and the streets were wet. They did not have an umbrella, there was nothing to obstruct their view, and as they started across McAllister Street they both looked to see if any vehicle was approaching along Larkin Street. There was none. Before reaching the sidewalk they started across Larkin Street, walking rapidly toward the rear of the Larkin Street ear. They…