Collom

This is an action for damages resulting from the death of John F. Collom caused by having been struck by an automobile owned and operated by the defendant. The cause was tried to the jury and resulted in a verdict for the plaintiffs, as heirs of the deceased, in the sum of $10,000. From the judgment the defendant has appealed, and presents the record on a bill of exceptions.

The facts of the ease which appear from the evidence, and which are substantially without conflict, are that the deceased and his daughter were on the south side of Post Street, near the corner of Grant Avenue, in the city and county of San Francisco, at about 6:30 P. M. of the seventh day of September, 1920. At that time a street-car approached from the west upon the southerly tracks maintained by the company and stopped on the westerly side of the westerly curb line of Grant Avenue. The deceased walked into the street with his daughter and helped her upon the rear platform of this street-ear. He then proceeded around the back of the car, going in a northerly direction toward the northerly sidewalk of Post Street. The car started on its course easterly on Post Street, and the daughter remained on the rear…