Gackstetter v. Market Street Railway Co.

GRAY, J., pro tem.

On June 24, 1925, at about 3:30 P. M., respondent, then approximately four years of age, was struck by a street railway car owned by appellant Market Street Railway Company and then operated by its motorman, appellant L. McClelland, in an easterly direction on Hayes Street, between Divisadero and Broderick Streets, in the city and county of San Francisco. On August 6, 1926, she, by her guardian ad litem, filed a complaint charging appellants with negligence in the operation of the street ear and seeking to recover damages for the injuries which she suffered thereby. After…