Borland

In this action to recover damages for personal injuries received by plaintiff as the result of collision between an automobile in which she was riding and a streetcar operated by defendant transit company, defendant has appealed from judgment in her favor upon three grounds, to wit: Insufficiency of the evidence to justify the verdict and judgment, errors in instructions and prejudicial misconduct of counsel for plaintiff.

The collision occurred August 14, 1924, about 8 P. M., at the intersection of Fifty-eighth Street and Telegraph Avenue, a heavily traveled main thoroughfare between Oakland and Berkeley, California. Plaintiff and her husband in their Ford coupe were proceeding westerly on Fifty-eighth Street. Reaching said intersection, the husband, who was driving, brought the automobile to a complete stop, al lowing north-bound vehicular traffic on Telegraph Avenue to pass. He then looked to his right and saw a street-car southbound on Telegraph Avenue. Judging, however, that it was far enough away to permit him to cross in safety, he started up, but as he was about to pull across on to the south-bound track, his wife screamed “that car is right on top of us," whereupon he…