Corvello

The above action was for the recovery of damages for personal injuries alleged to have been caused by defendant’s negligence.

The Market Street Railway Company maintains a double-track cable railway along Castro Street in San Francisco. On September 14, 1929, it was operating a street-car in a northerly direction thereon, and plaintiff was a passenger in the car. At a point between Elizabeth and Twenty-third Streets, which intersect Castro Street, a collision occurred between the car and an. automobile truck, operated by defendant S. Y. Baumsteiger, and as a result plaintiff was injured. A jury returned a verdict against said defendant in the sum of $10,000, and from the judgment entered thereon he has appealed.

It is contended that the verdict is unsupported by the evidence, that the trial court erred in giving certain instructions, and that the verdict is excessive.

The cable car, which was about 30 feet in length, was open in the front and rear. The seats in the open portions were constructed lengthwise of the car, and the plaintiff with other persons was seated on the rear outside seat facing east. The truck mentioned was a two-ton Garford truck about 19 feet in length and…