McGlothin

An appeal from a judgment entered upon a verdict in favor of plaintiff and against defendant City and County of San Francisco.

A judgment in the same action as against Guiseppe Larussa, who was joined as a defendant with the municipality, was heretofore affirmed. (McGlothin v. Larussa, 121 Cal. App. 758 [ 10 Pac. (2d) 118 ].) The action was one for damages sustained by plaintiff while a passenger in a jitney bus operated by Larussa, which came in collision with a truck owned and operated by the municipality.

The latter claims that the implied finding that its employee was negligent is unsupported; that the evidence shows that the sole proximate cause of the injuries complained of was the negligence of Larussa, and further that the verdict is excessive notwithstanding an order of the trial court reducing the amount awarded by the jury.

At about 8 o’clock A. M. on November 22, 1929, the jitney bus was proceeding north on the right-hand side of Valencia Street in San Francisco. According to the testimony when the bus reached the intersection of Valencia Street with Nineteenth Street, which runs east and west, it passed the southerly curb line of Nineteenth Street at a speed…