Alcamisi

On the nineteenth day of October, 1921, Gaetano Alcamisi was struck by a street-ear operated by the defendant and .the injury was so severe that he died soon after. Later his children, through their guardian, commenced an action against the defendants to recover damages. A trial was had and the jury brought in a verdict in favor of the plaintiffs. Judgment was entered thereon and from that judgment the defendants have appealed under section 953a of the Code of Civil Procedure.

On the trial of the case it was the theory of the plaintiffs that the accident was the result of the negligence of the de fendants and that such negligence consisted of a failure to sound a gong, the operation of the car at an excessive speed, to wit, twenty or twenty-five miles per hour, and operating its cars with its fenders so- high that the fenders did not function. The defendants controverted all of these charges and claimed that the accident occurred by reason of the fact that the decedent, while drunk, suddenly stepped or fell in front of the defendants’ car and although the car was stopped almost instantly, nevertheless the accident had happened. Many witnesses were called and examined and there…