Mayer

This is an action for damages for personal injuries alleged to have been caused by the defendants’ negligence.

The court at the conclusion of the plaintiff’s case denied a motion for nonsuit, but the motion being renewed when the defendants had concluded the introduction of their testimony, it was thereupon granted. The propriety of the court’s action in this regard is the sole question presented for review.

In considering this same question the court, in the case of Lassen v. Southern Pacific Co., 173 Cal. 71, 74 , [ 159 Pac. 143, 144 ], stated the rule to be applied as follows: “In deciding a motion for a nonsuit, ‘every favorable inference fairly dedueible . . . from the evidence produced must be considered as facts proved’ in favor of the plaintiff. If there is any substantial evidence tending to prove all the facts in issue constituting the plaintiff’s case, he is entitled to have the case go to the jury for a verdict on the merits. ’ ’

Reverting for a moment to the facts of the case, the evidence showed that the plaintiff, at about 5 o’clock on the afternoon of June 26, 1914, was crossing on the northeiiy side of Market Street, in San Francisco, and was proceeding…