Dowd

These two actions were brought by appellants to recover from defendants damages for injuries caused by the overturning of a taxicab in which appellants were riding as passengers. The taxicab in question was owned and operated by respondents in the city and county of San Francisco and on January 1, 1919, was hired to convey the appellants and members of their family and friends to their respective homes. Said taxicab was in fact an in closed limousine, the driver’s seat being outside of the glass inclosure. After starting from O’Farrell Street, near Powell, the driver proceeded out Market Street and at or near its intersection with Grove Street the taxicab skidded and overturned, causing the injuries for which recovery of damages is sought herein. It was alleged by appellants that said accident occurred because said taxicab was driven at an unlawful and excessive rate of speed. Besides denying the negligent acts charged against them, defendants set forth in their answer that appellants were guilty of contributory negligence.

The actions were tried together, resulting in a verdict for defendants, but upon appeal to the supreme court were reversed upon the ground that the trial…