Moreno

The plaintiff commenced an action to recover damages for the death of Daniel Moreno, his minor son, who was but ten years old at the time of his injury and death. The defendant filed an answer .in which .he denied many of the material allegations of the complaint and in which he alleged the contributory negligence of the plaintiff and of the decedent. A trial of all of those issues was had before the trial court sitting with a jury. A verdict was returned in favor of the plaintiff, and from the judgment entered thereon the defendant has appealed.

The defendant contends that Daniel Moreno was guilty of contributory negligence as a matter of law and that the verdict is contrary to law. In this connection he quotes evidence to the effect that the deceased was riding south on a Third Street car in San Francisco. When he reached Twenty-second Street he stepped off the rear platform of the ear and attempted to go to the curb, but, before reaching the sidewalk, he was struck by the defendant’s car, which was following the street-car. The defendant calls to our attention the further facts that the accident happened at about 8 o’clock in the morning and that the defendant’s car was in…