Grandy

This is an appeal from a judgment in favor of defendants entered after the trial court granted defendants’ motion for a directed verdict.

Viewing the evidence most favorably to plaintiff (Newson v. Hawley, 205 Cal. 188, 189 [ 270 Pac. 364 ]), the facts in the instant case are:

Plaintiff, while walking in a westerly direction on Bay Street and about twelve to fifteen feet from Alameda Street, observed to his left, standing still, a box car in Alameda Street on the “coach yard lead”. He continued to walk in a westerly direction to the intersection of Bay and Alameda Streets, at which point he again observed the box car in the same place as before, standing still. He then turned and walked in a northerly direction on Alameda Street for approximately thirty feet, at which point he was struck in the back by box car. The last eight or ten feet of plaintiff’s course was traversed on defendant’s track between the rails. From the time plaintiff turned north on Alameda Street until he was struck he did not again look to see if the box car was in motion.

Plaintiff claims that the trial court erred in granting a motion for a directed verdict for the reason that the above facts did not as a…