Regan

The defendant appeals from a judgment for $824 and costs in a suit for damages for personal injuries sustained by the plaintiff.

There is only one question to be determined. It was raised by the defendant’s motion for nonsuit, which was denied. It is as to whether or not the trial court should have determined, or this court can determine, as a matter of law that the plaintiff was guilty of contributory negligence under the peculiar facts of this ease. The same question is presented by the contention that the evidence is insufficient to support the findings.

At the time of the accident an automobile, described as a Buick touring car, with its top up, was standing close to the curb on the south side of East Seventh Street, about 150 feet east of Alameda Street, in Los Angeles. It had been struck earlier in the morning and slightly injured, apparently before it was parked on East Seventh Street. After it was parked it was headed east in the direction of traffic on the side of the street on which it stood. The plaintiff and two other men had crossed from the other side of the street to speak to a man in the machine, and, their attention being called to the abrasions on the left rear…