Malis

Plaintiff, a pedestrian, was struck by defendant’s automobile while in a marked crosswalk on Main Street opposite the Los Angeles City Hall. A jury returned its verdict for defendant. Plaintiff moved for a directed verdict on the issue of liability, and afterwards for a judgment notwithstanding the verdict, or, in the alternative, for a new trial. Each of those motions was denied, and plaintiff has appealed from the judgment. The sole question here is whether there is evidence to support the implied finding of the jury that defendant was not negligent, or that plaintiff was guilty of contributory negligence.

The evidence was in conflict, and under the familiar rule we must accept the evidence most favorable to the judgment on the points of conflict.. So viewed, the evidence is as follows:

The accident occurred at 9 a. m. on a Wednesday morning in February during a heavy rain. Defendant was southbound on Main Street in the second lane from the center line, driving between 10 and 15 miles per hour, with her headlights on and her windshield wipers operating. There was a solid line of traffic moving at about the same speed in the lane to defendant’s left. She was “paying attention…