Fujise

Action brought by heirs of a deceased person to recover damages for her death alleged to have been caused by the negligence of defendant’s employees in operating one of its street-cars. Judgment was for plaintiffs for $2,000, and defendant appeals from the judgment and an order denying its motion for a new trial.

Plaintiffs are the husband and children, respectively, of Hideno Fujise, who, while riding in an express wagon on Central avenue in the city of Los Angeles, was thrown from the wagon by a collision between it and one of the defendant’s street-cars, which was operated upon a track along said street or avenue. The car approached and overtook the wagon from the rear. At the point where the collision occurred market wagons were ranged along either side of the street, engaged in loading with produce, and for this purpose were backed against the curb so that the heads of the horses extended out into the street, and the teams and wagons together occupied a large portion of the roadway between the curb and defendant’s double tracks along the middle of the street.

The errors upon which appellant relies for a reversal of the judgment-are: That the court erred in refusing to enter…