Gackstetter

The plaintiff, a minor girl of the age of about four years, was injured by being struck by one of the cars operated by the Market Street Railway Company. By her guardian ad litem she commenced this action to obtain a judgment for injuries sustained. She named the company, L. M. McClelland, the motorman, and W. J. Housel, the conductor, as defendants. The conductor’s motion for a nonsuit was granted. The jury returned a verdict in favor of the plaintiff and from a judgment entered thereon the other defendants have appealed.

The accident occurred between Broderick and Divisadero on Hayes Street in -San Francisco on the twenty-fourth day of June, 1925, at about half-past 3 P. M. Hayes Street runs from east to west. Between Broderick and Divisadero there is a slope toward the east and the street has a grade of 3.6 per cent. The defendant maintains a double track on Hayes Street. The collision occurred in about the middle of the block and the plaintiff was struck by a car traveling from west to east. At the time of the collision a building was being constructed on the south side of Hayes Street. In front of that building was a pile of rock or sand. The point of the collision was…