Welch

In an action arising from injuries received by the appellant, a pedestrian, through an accident resulting from the respondent’s automobile having collided with appellant while crossing at an intersection of public streets, judgment was entered upon an instructed verdict in favor of the respondent.

The only question presented as a ground for reversal is as to whether or not the evidence adduced upon the trial was sufficient to require its submission to the jury. It haá been held that the rule is precisely the same as that applied where a motion for a judgment of nonsuit is under consideration. (Kohn v. National Film Corp. of America, 60 Cal. App. 112 [ 212 Pac. 207 ].) A judgment of nonsuit may be entered when upon the trial the plaintiff falls to prove a sufficient case for the jury. (Code Civ. Proc., sec. 581, subd. 5.) “The jury, subject to the control of the court, in the eases specified in this code, are the judges of the effect or value of evidence addressed to them, except when it is declared to be conclusive.” (Code Civ. Proc., sec. 2061.)

It appeared that the streets were lighted, that it was raining, that the defendant’s windshield was dimmed, and that his curtain was…