McGlothin

This isan appeal from a judgment entered upon a verdict against defendants and in favor of plaintiff.

The action was for damages alleged to have been sustained by plaintiff while a passenger in a jitney bus, operated by defendant Larussa, which came into collision with a truck operated by the City and County of San Francisco.

The municipality claims that the implied finding that its employee was negligent is unsupported; that the evidence shows that the sole proximate cause of the injuries complained of was the negligence of defendant Larussa, and further, that the verdict is excessive notwithstanding an order of the trial court reducing its amount. Appellant Larussa has filed no brief.

At about 8 o’clock A. M. of November 22, 1929, the jitney bus in which plaintiff was a passenger was proceeding north on the right-hand side of Valencia Street, in San Francisco. It was testified that when the jitney reached the intersection of Valencia Street with Nineteenth Street, which runs east and west, it passed the southerly curb line of Nineteenth Street at a speed of from thirty to thirty-five miles an hour. As it passed into the intersection its driver saw a five-ton truck, twenty-one…