Von Stetten v. Yellow-Checker Cab Co.

Respondent was injured and his automobile

damaged as a result of a collision which happened at the intersection of Green and Franldin Streets, in San Francisco. Two other machines were involved in the collision, a taxi owned and operated by the appellant xCab Company, and a sedan owned and driven by the appellant Gunther; and respondent brought this action for damages against the Cab Company and Gunther, jointly, alleging that their joint negligence was the proximate cause of his injuries. The trial took place before a jury, which rendered a verdict against appellants for the sum of five thousand dollars, and from the judgment entered on said verdict appellants took separate appeals. As grounds for reversal the appellant Cab Company urges that the trial court erred in ruling upon the admissibility of evidence, that it erroneously instructed the jury as to the law relating to the right of way at intersections, and that the verdict was excessive. The appellant Gunther assigns as error the giving and refusal to give several instructions, including the one to which his coappellant objects.

The accident occurred at 3:30 o’clock in the afternoon of a clear day. The taxi was traveling…