Poncino

Plaintiff, as administratrix of the estate of the deceased, brought this action to recover damages for the death of the deceased. The cause was tried by the court sitting with a jury and from a judgment on the verdict in favor of defendants, plaintiff appeals.

The accident in which deceased met his death occurred on April 16, 1928, at the intersection of Third Street and Evans Avenue in San Francisco. At this point Third Street is 70 feet wide between curbs and Evans Avenue is 50 feet wide between curbs. Third Street runs in a general northerly and southerly direction while Evans Avenue runs in a general easterly and westerly direction. These thoroughfares intersect almost at right angles. The double tracks of the car line running along Third Street are located in the middle of the street, one set of tracks being located on either side of and in close proximity to the center line thereof.

Prior to the time of the accident deceased was driving a Ford automobile in a southerly direction along Third Street traveling in or near the south-bound tracks. At that time defendant Walker was driving a Buick automobile in the opposite direction along Third Street traveling near the curb…