Wilson

Appeal from a judgment awarding damages to plaintiff for the death of her husband caused by the alleged negligence of defendants.

The decedent was walking from north to south in a safety zone across Hollywood Boulevard at the intersection of Wilcox Avenue in the city of Los Angeles, when he was struck by a taxicab owned by defendant Vincent and coming from the east, while operated by defendant Mider. Decedent thereby received injuries which later resulted in his death.

From a judgment for the sum of $9,500 based upon verdict of the jury, the defendants appeal on the grounds that (1) the evidence does not justify the verdict in that (a) the evidence shows no negligence on the part of the defendant proximately causing the accident; (b) that the evidence clearly shows that the accident was due to the negligence of the decedent proximately contributing thereto; (2) that the court erred in its instructions to the jury; (3) that the court erred in denying a motion for a mistrial because of misconduct of the jury; and (4) that the court erred in denying defendants’ motion for a new trial.

It is clear from the evidence that the decedent was attempting to cross Hollywood Boulevard from…