Flores

In this action for damages arising out of a collision of defendant’s automobile and plaintiff, a pedestrian in a marked crosswalk, plaintiff-appellant appeals from a judgment rendered by a jury in favor of defendant-respondent.

Plaintiff alleged negligence of defendant, which defendant denied and pleaded contributory negligence of plaintiff as a defense. The principal question on this appeal is the suffi ciency of the evidence to show contributory negligence on the part of plaintiff.

The facts in reference to the actions of the parties at the time of the accident are in conflict and not well defined. Plaintiff, aged about 65, of the Mexican race and speaking English with some difficulty, was walking, with a cane, southerly on the easterly side of Lacy Street in Santa Ana. This street forms a “T” intersection with First Street, which is a four-lane street about 54 feet wide with marked traffic lanes of 10-foot width, and a double line in the center. Defendant, aged about 75, was driving his Dodge coupe westerly on First Street in the left-hand lane near the double center line, at approximately 25 miles per hour, on November 23, 1958, about 11 o’clock a.m.

Plaintiff’s testimony…