Soukoian

This is an appeal by the defendant from a judgment for seven thousand five hundred dollars against it in an action to recover for personal injuries alleged to have been caused by the negligence of defendant in operating one of its taxicabs in the city and county of San Francisco.

Two points are made upon the appeal: That the plaintiff is chargeable with contributory negligence as a matter of law, .barring his recovery, and that the record presents a case ,of such irregularity in the proceedings of the court and jury as to compel a reversal of the judgment.

The first point, we think, is without merit. It is true that if appellant’s inferences from the evidence be accepted, the plaintiff’s conduct would appear to be negligent; but there is another view of the evidence which is possible and reasonable and which is consistent with due care upon his part.

The accident occurred at about 10 o’clock in the evening on April 13, 1922, at the intersection of Fillmore and Jackson Streets, in San Francisco, California. The plaintiff was in the act of crossing from the south side of Jackson Street to the north side, at or near its intersection with Fillmore Street. There was no traffic upon…