Brown

In the petition for transfer to this court petitioner does not complain of the giving of the instructions set out in the opinion of the district court of appeal, but contends that the verdict is excessive and that the death was not proximately caused by the injury. These points are satisfactorily determined by the district court of appeal and that court also correctly answers the *Page 700 objections made by petitioner to the instructions set out in that opinion. We do not wish, however, to be understood as approving those instructions. The measure of damages for injuries to result in the future is well settled. (See sec. 3283 , Civ. Code; also, Saylor v. Taylor, 42 Cal.App. 474 [ 183 P. 843 ]; Melone v. Sierra Ry. Co., 151 Cal. 113 [ 91 P. 522 ]; Walker v. Southern Pac. Co., 162 Cal. 121 [ 121 P. 369 ]; Wiley v. Young, 178 Cal. 681 [ 174 P. 316 ]; Richman v. San Francisco etc. Ry., 180 Cal. 454 [ 181 P. 769 ].) The petition is denied.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 688 Mathew D. Brown, while crossing Montgomery Street, in San Francisco, was struck down by a motor-truck negligently driven by an employee of the defendant. Mr. Brown sustained serious injuries which resulted in his death. Plaintiff brought this action as the *Page 689 widow and heir at law of her deceased husband. The cause was tried before a jury, which rendered a verdict in favor of plaintiff for the sum of seven thousand five hundred dollars. From the judgment entered on the verdict defendant appeals, urging as grounds for reversal, (1) that the verdict is excessive; (2) that the injuries were not the proximate cause of the death of decedent; (3) the plaintiff did not have legal capacity to sue; (4) certain instructions, given by the court to the jury, were erroneous. Mr. Brown's right hip bone was broken. He was taken to a hospital almost immediately after the accident, where he remained until his death. During his enforced inactivity in the hospital, and in spite of attendants moving him as much as possible to counteract the tendency, he…