Scandalis

This is an appeal from a judgment for defendant.

Plaintiff, a boy of the age of three years, was struck and injured by an automobile driven by defendant on July 23, 1931, on Shasta Street, in Tuba City, at about 6:30 o’clock P. M. Shasta Street is paved, and is forty-four feet from curb to curb, and runs in a northerly and southerly direc tion. Tea Garden Avenue crosses Shasta Street between 400 and 500 feet south of the scene of the accident. Defendant pleaded negligence on the part of plaintiff as the sole cause of the accident and resulting injury, and also that plaintiff was guilty of contributory negligence.

It appears from the testimony that seven or eight other small children were playing in Shasta Street at a point opposite the Scandalis home, which was on the west side of Shasta Street. Defendant was driving his automobile north on Shasta Street, and first observed the children playing in the street when he was at Tea Garden Avenue. There was no obstruction to defendant’s view of the children from Tea Garden Avenue to the point of accident, and he saw the children at all times thereafter as he approached them. He claims that he was driving between ten and fifteen miles…