Galloway

Plaintiff appeals from a judgment after verdict in favor of defendant in an action for damages for the death of her minor son. Death was alleged to have been caused by a blow on the head inflicted by defendant’s motorman with the controller bar or gate handle of a street-ear upon which deceased had been a passenger, and from which he had alighted just prior to receiving the injury.

The facts1 in evidence, without substantial conflict, are that the deceased—a young boy of about eighteen years of age—with three other companions, was traveling upon a Valencia Street car, in the city and county of San Francisco, when an altercation arose between the conductor of the car and the deceased over the request of the latter for transfers, to which it is conceded he was lawfully entitled. As a result of the altercation blows were exchanged between the conductor and the deceased and the conductor gave the motorman an emergency signal to stop the car immediately after it had passed Twenty-third Street. The parties were then separated and the conductor gave' the signal to go ahead. Thereafter the altercation was resumed and a passenger gave the emergency signal, whereupon the motorman brought…