Harju

Plaintiff brought this action to recover damages for personal injuries sustained as the result of a collision between a cable car of the defendant Market Street Railway Company on which she was riding as a passenger and an automobile truck driven by the defendant Baumsteiger. The complaint charged that the injuries were proximately caused by the negligence of all of the defendants. Upon the trial the jury disagreed as to the defendants Market Street Railway Company and I. Crisci, the employee of said company. They brought in a verdict in favor of plaintiff and against the defendant Baumsteiger in the sum of $25,000 and from a judgment entered upon this verdict, defendant Baumsteiger appeals.

The collision occurred on September 14, 1929, on Castro Street between Elizabeth and Twenty-third Streets in San Francisco. Plaintiff was riding on the rear outer section of the cable car which was proceeding in a northerly direction up the steep Castro Street hill toward Twenty-third Street. Defendant Baumsteiger was backing his truck in a southerly direction down the east side of Castro Street from Twenty-third Street toward Elizabeth Street. After the front portion of the street-car had…