Marquez

Plaintiff appeals from a judgment after verdict of the jury in favor of defendants in his action for damages for personal injuries.

Plaintiff came from Mexico about 20 years before, was about 63 years of age at the time of the accident, was partially deaf, and had little knowledge of English. He testified with the assistance of interpreters. His is the only “eyewitness” account of the accident.

Briefly, his account is that on February 8, 1954, and for some time before that, he lived on Central Avenue near Terminal Market. On that day, before 7 a. m., he walked from his home to the market to look for work. He talked with Mr. Ortiz, “the boss,” who said “to move those vegetables that was there,” and then he started to work “raising crates over to the truck.” The accident happened about 9:30 a. m. “There was two trucks. First, one truck came in, and we loaded that truck. Then after that, the second truck came in, and we were loading that one, and that was when I was injured.”

He further testified that when he was injured he was raising the crates for the truck, and standing close to the truck, about a distance of a half-a-yard, and continued as follows:

On cross-examination he…