Perrotti

Plaintiff, administratrix of the estate of her deceased husband, Robert Perrotti, appeals from a judg *241 ment for defendants, Carl O. Sampson and Morgan and Sampson, a copartnership, in an action for wrongful death. As it was established Carl 0. Sampson was acting as the agent for Morgan and Sampson, a copartnership, and within the scope of his authority, so that his acts were those of his principal, we will refer to C. 0. Sampson as the respondent. Appellant argues that the evidence is insufficient to support the judgment, and that the trial court committed prejudicial errors in the admission and exclusion of evidence, in its instructions to the jury, and in improperly invading the province of the jury.

The evidence shows that about 8:30 p.m. on March 7, 1956, the decedent was struck and killed by an automobile driven by the respondent. This accident occurred on the Bayshore Highway, near the intersection of Belle Avenue in Redwood City. The traffic was light, the weather clear, the visibility good and the roadway dry. The Bayshore Highway was a four-lane road, running north and south; the north and southbound lanes were separated by a double white line. At the time of the…