Comer

Respondent suffered personal injuries and damage to his automobile by running into a broken trolley wire of appellant, while driving in a southerly direction on Vermont Avenue, in the city of Los Angeles. Defendant appeals from the judgment against it, and in doing so relies principally upon alleged error of the trial court in the giving of certain instructions and refusing others asked. It is also claimed that the evidence is insufficient to sustain the verdict.

It appears that as a street-car had passed under it the trolley wire above the south-bound track became severed at a point some distance south of the intersection of Vermont Avenue with Tenth Street, and that a considerable portion of the wire lay between the tracks. The ear stopped, and while the motorman was adjusting his trolley and sweeping the wire over against one of the rails, the conductor attempted to warn the drivers of approaching vehicles; there was much travel upon the street, and although several people were signaled, the respondent did not see the conductor until almost upon him, when respondent suddenly swerved to the left to avoid striking him, and hit the wire. It was after dark, and respondent’s…