Wilson

Shortly after 10 P. M. on the night of April 29, 1927, plaintiff, a boy thirteen years of age, and a friend, Arthur Mahoney, of about the same age, boarded a west-bound McAllister Street car with the purpose of transferring at Larkin Street to go to their homes on Ellis Street. Upon reaching Larkin Street the Mahoney boy alighted from the rear end of the car, ran around the back and across to the southerly side of McAllister Street with the object, apparently, of taking a north-bound Larkin Street car at the southeast corner of Larkin and McAllister Streets. The plaintiff followed. After he had taken a few steps to the south he was hit by a taxicab traveling easterly on McAllister Street driven by an employee of defendant.

The defendant claims he was not negligent. There was evidence that the taxicab entered the intersection of the two streets traveling at a speed of fifteen miles or more and that it so continued to travel until the accident; that it was riding the southerly track on McAllister Street; that it was lighted and there were such other lights that the persons in the street could be seen and that they were seen. There was evidence that the space between the southerly…