Bence

This is an action brought to recover damages on account of personal injuries received by plaintiff when he was struck by an automobile. The trial was had by the court, and, upon the findings made, judgment was entered for plaintiff in the sum of $6,800.

At a former trial of this action, an appeal was taken to this court, and judgment in favor of plaintiff was reversed upon the sole ground that he was guilty of contributory negligence. (Bence v. Teddy’s Taxi, 101 Cal. App. 748 [ 282 Pac. 392 , 283 Pac. 86 ].)

The court, upon the second trial, found that plaintiff was entitled to recover under the doctrine of “last clear chance”, and it is first urged by appellant that the facts of this case do not justify the application of that doctrine. The finding thus assailed reads as follows:

We are of the opinion that there is .ample evidence in the record to support this finding. Respondent alighted from a street-car at the corner of Seventh and “K” Streets in the city of Sacramento, when the car stopped at the safety station at that point. He started to walk at once toward the sidewalk, the curb being some eighteen feet distant. Without looking in the direction from which the taxicab…