Finney

This is an action against John and Mary Neuman, husband and wife, for personal injuries arising out of a collision between the person of plaintiff Daniel Finney and a motor vehicle driven by Mary Neuman. Plaintiff prayed judgment in the amount of $40,000 in general damages and $500 in lost earnings, and for additional special damages in accordance with the proof. The court subsequently granted plaintiff’s motion to reduce the prayer of his complaint for general damages to $5,000 and to delete the prayer for loss of earnings. The jury found for plaintiff in the amount of $3,500 in general damages and $471 in special damages. The court ordered judgment in accordance with that verdict, and defendants moved for new trial, which motion was denied. Defendants now appeal from the judgment.

On the morning of July 2, 1957, at about 11:30 o’clock, respondent was walking northward along the west sidewalk of El Camino Real in Redwood City in the company of one Victoria Hunter. The weather was dry and clear. Mrs. Hunter was on respondent’s right-hand side, and Raso’s Market was on his left. Immediately north of the market is a parking lot, with diagonally marked spaces for automobiles…