Tieman

The alleged owner and the alleged operator of a taxicab, jointly, appeal from a judgment, based upon a verdict awarding a widow damages for her husband’s death, caused by injuries received in a collision with such taxicab. The only testimony as to the accident is given by decedent’s then companion, produced as a witness on behalf of respondent. He testified that, between the hours of 7 and 8 on Christmas eve, the decedent, another and himself, after walking westerly on the north sidewalk of Folsom Street, between Third and Fourth Streets, in the city of San Francisco, reached a space fifteen to twenty feet wide between two automobiles parked along the north curb; that the street was well illuminated and a light drizzling rain was falling; that, as he stepped off the curb to go through the opening, he saw the taxicab, without lighted headlights, 150 feet west, coming down the center of Folsom Street; that decedent and he advanced one or two steps and stopped between the parked automobiles to let the taxicab pass; that decedent was then an arm’s length in front, diagonally to his right; that the taxicab swerved and, a second or two after they stopped, struck them as they stood…