O'Farrell

This is an appeal from a judgment entered on the verdict of the jury awarding respondent two thousand dollars damages for personal injuries received by being struck by an automobile operated by appellant.

Appellant assigns the following errors upon which he relies for a reversal of the judgment: “ (1) the verdict is contrary to the evidence and is contrary to law in this: (a) the proof discloses negligence on the part of the defendant; (b) the plaintiff himself, as shown by all the testimony, was guilty of contributory negligence as a matter of law in placing himself in a position of danger in the street and in failing to exercise ordinary care for his own safety, said negligence contributing directly and proximately to his injuries; (2) the court erred in giving an instruction to the jury making the defendant liable if guilty of negligence which proximately contributed to plaintiff’s injuries, irrespective of and ignoring the issue of plaintiff’s contributory negligence, which was pleaded by defendant and upon which substantial evidence was introduced thereon; (3) the court erred in giving to the jury a certain instruction which suggests and assumes negligence on the part of…