Cronkright

This is an action brought by appellant for damages for personal injuries. He was struck by an automobile being driven by respondent at the intersection of Fifth and Robinson Streets in the city of San Diego, at about 7:30 o’clock on the evening of Friday, May 13, 1927.

Fifth Street runs north and south. It is fifty feet in width between curb lines and has parallel street-car tracks on each side of its center line. Robinson Street intersects Fifth Street at right angles and is thirty-five feet in width between curb lines. Lanes for the use of pedestrians in crossing the intersection are established and painted on its four sides. An ordinance of the city of .San Diego gives pedestrians in these lanes the right of way over vehicles crossing the intersections.

The trial court rendered judgment for respondent holding that appellant was guilty of contributory negligence. The finding of the trial court on this issue is as follows: “That the said plaintiff at the time and place of said accident failed" to exercise due care and caution for his own safety and without regard for the safety of himself placed himself directly in the path of the automobile operated by the said defendant,…