Santina

This is an appeal from a judgment in favor of the plaintiff in the sum of three hundred dollars damages.

Peter Santina, the plaintiff, was riding on a street-car traveling in a northwesterly direction along Columbus Avenue, in the city and county of San Francisco. When the car approached the crossing of Vallejo Street and Columbus Avenue the plaintiff asked the conductor to stop at Vallejo Street. There is a conflict in the testimony as to whether or not the car had fully stopped when the plaintiff alighted, but the testimony is clear to the effect that the plaintiff swung off the front left-hand side of the car. Immediately upon reaching the ground plaintiff started for the corner of Columbus Avenue and Vallejo Street. A Ford automobile was parked along the curbing on Columbus Avenue and plaintiff descended from the street-car in front of this machine. Defendant, Dr. Tomlinson, driving his automobile, was traveling in a southeasterly direction along Columbus Avenue, and was passing the parked Ford car, driving the wheels of his automobile astride the outer rail of the westerly car track at the time plaintiff alighted. The plaintiff had taken a couple of steps when he was struck…