Patania

The plaintiff in the above action was the father of Paulino Patania, a girl aged eleven years, who was struck and killed by an automobile owned by defendant Yellow-Checker Cab Co., a corporation, and operated by P. M. James, its servant. A jury returned a verdict against the defendants, and from the judgment entered thereon both have appealed. As grounds therefor it is contended that both the plaintiff and his daughter were guilty of contributory negligence as a matter of law.

At about 11 o’clock A. M. on May 20, 1926, the plaintiff and his daughter alighted from the rear exit of a streetcar which was proceeding north along the east side of Powell Street in San Francisco, and which had stopped near the southeast corner of Powell and Greenwich Streets to discharge passengers. The street-car line is double tracked and the plaintiff’s home, which was his destination, was on the west side of Powell Street between 80 and 100 feet south of the southwest corner of the above streets. The evidence shows that the point where they alighted was approximately the length of the car south of the south property line of Greenwich Street; that when the car proceeded both plaintiff and his daughter…