Dropo

Defendants appeal from a judgment entered after jury verdict, awarding plaintiffs $26,000 for the wrongful death of their daughter as a result of being struck by defendants’ streetcar.

Questions Presented

1. Admissibility of sections 51, 52, 21 and 62, Municipal Code.

2. Rejection of defendants’ proposed instruction on tracks as a warning of danger.

3. Was deceased contributorily negligent as a matter of law?

4. Was the verdict excessive ?

Facts

The accident occurred at the “K” line terminal owned by the San Francisco Municipal Railway adjacent to San Francisco City College. There the tracks form a loop of several hundred feet. There is a waiting station located there. The westerly section of the tracks parallels the college campus and is separated therefrom by a fence, 10 feet from the nearest rail. An asphalt pathway approximately 6 feet wide extends from the campus through a gate in the fence across the streetcar tracks to the terminal. Painted on the pathway is the word “Danger.” The pathway is used for access to the terminal and on through to Ocean Avenue. The car was a one-man operated streetcar known as a streamliner. It overhangs the rails on each side 18-20 inches.…