Heaney

Plaintiff commenced an action against the defendants to recover damages for the death of her husband alleged to have been caused by the negligent operation of an automobile while operated by one of the servants of the defendants. The jury brought in a verdict in favor of the defendants, and the plaintiff has appealed under section 953a, Code of Civil Procedure.

On the seventeenth day of August, 1921, John F. Heaney, the deceased, alighted from the rear end of a Valencia street-car near the southerly line of Eighteenth Street in San Francisco. While passing from the street-car to the sidewalk a collision occurred between him and an automobile being operated by the servant of the defendants. On the trial of the ease it was the theory of the plaintiff that the defendants’ automobile was not operated with due care, and, secondly, that it was being operated within six feet from the lowest step of the street-car on the right-hand side thereof. On the other hand, it was the theory of the defendants that their automobile was being operated in a careful manner, at a low speed, and in a zone outside of the six-foot space above mentioned. When the plaintiff opened her case her attorney made…