Bruce

The appeal herein is taken by the plaintiff from a judgment rendered in favor of defendant. Plaintiff instituted the action to recover damages for personal injuries sustained by him which were alleged to have been caused by defendant’s negligence. Defendant by answer denied that he was guilty of any negligence which had caused plaintiff’s injuries and as an affirmative defense alleged that any injuries sustained by plaintiff had been caused solely by .plaintiff’s negligence. The action was tried before a jury. Upon the conclusion of plaintiff’s case defendant moved the court for a nonsuit which was denied. Defendant thereupon rested without submitting any evidence and moved the court to direct the jury to return a verdict in his favor. This motion was granted and the jury was so directed. A general verdict in defendant’s favor was returned in com pliance with the trial court’s direction and a judgment was thereupon entered in conformity with the verdict.

The record herein shows that the following facts were developed by the evidence produced by appellant during the trial: On April 24, 1934, respondent was the owner of a storeroom at 1937 Fresno Street in the city of Fresno. At…