Hurd
Hurd v. City & County of San Francisco
Opinion
Lead Opinion
Kinsell, J.
Action by administratrix to recover damages for death of her intestate alleged to have been caused by the negligence of defendant.
Cause was tried before a jury and a general verdict was rendered in favor of the defendant.
It appears that John B. Hurd on January 27, 1918, was a police officer in the city and county of San Francisco, and while he was on duty on that day he was crushed between two ears of the Geary Street line operated by the municipality, and died the following day. He left surviving his widow, Beatrice Hurd, and two minor children. The widow was appointed administratrix and sues in that capacity under section 377 of the Code of Civil Procedure.
Over the objection of plaintiff defendant introduced evidence to the effect that the injury which resulted in John B. Hurd’s death befell him while he was engaged in the performance of his duty as a police officer; that after his death, pursuant to application by his widow, the board of police relief and pension fund commissioners of San Francisco, on April 1, 1918, ordered paid to the widow a monthly compensation of sixty-one ($61) dollars per month for the benefit of herself and the minor children of decedent, which…