Arbunich

This is an appeal from a judgment in favor of the plaintiff in an action brought to recover damages for the death of her husband, Martin Arbunich, alleged to have been caused through the negligence of the defendant in the operation of one of its street-ears on Church Street in the city and county of San Francisco.

The first amended complaint was in two counts, the first alleging that the defendant “carelessly and negligently and with great speed ran and operated one of its said cars along said Church Street and into and upon said Martin Arbunich, ’ ’ causing his death. The second count alleged that “As the said Martin Arbunich was engaged in walking across said tracks, and while he was exercising all due and proper care in that behalf, and without any notice or warning of any kind to said Martin Arbunich, said defendant, after discovering the position and danger in which the said Martin Arbunich was, then and there and while being at a distance of eighty feet from said deceased, the said defendant carelessly, negligently and with great speed ran and operated one of its cars along said Church Street and into and upon said Martin Arbunich, etc.” At the trial of the cause and during…