Kinnear

This is an appeal from a verdict in favor of defendant, in an action for damages for the death of the husband of plaintiff which occurred as the result of coming in contact with an automobile while crossing a city street.

The plaintiff complains of the giving of a certain instruction, and the refusal of others.

March 7, 1924, about 9:30 at night, the defendant in company with an associate was driving his open Buick automobile northeasterly along Mission Street in the city of San Francisco. They were going to the Ferry Building and had reached a point in the vicinity of Acton Street, traveling at the rate of fifteen or eighteen miles per hour along a course midway between the most easterly rail of the track and the easterly curbing. Suddenly they observed midway in the block, some twenty or twenty-five feet distant, a pedestrian hastening across Mission Street from the westerly to the easterly side where his car was parked. He had just passed the easterly rails of the track, and ap parently neither heard nor saw the approaching machine. The street was poorly lighted at this point. The lights from the automobile disclosed objects only fifty or sixty feet ahead of the machine.…