Beck

— In this action for damages for personal injuries defendant appeals from an adverse judgment, entered on jury verdicts, in favor of plaintiff Florence A. Beck in the sum of $8,000 and plaintiff Mildred Pratt in the sum of $10,000.

On June 10, 1961, at about 3 a.m. plaintiffs were passengers in a taxicab en route from San Francisco to Daly City. The cab, southbound on Junípero Serra Boulevard, had stopped because of a red traffic control signal at the intersection of 19th Avenue when it was struck in the rear by an automobile driven by defendant. The weather was clear, the streets dry and the intersection well-lighted. On Junípero Serra Boulevard northbound traffic and southbound traffic were separated by a dividing strip or raised curbing. Plaintiffs’ taxicab was stopped in the center lane of three southbound traffic lanes. There was no other traffic in the immediate area at the time. After the cab had been stopped in the above position for a few seconds, plaintiffs saw bright lights approaching them from the rear and then felt the sudden impact.

Defendant, called as a witness by plaintiffs under Code of Civil Procedure section 2055, testified that between 10 p.m. and midnight…