Fraher

Plaintiff sued for personal injuries suffered by reason of being knocked down by an automobile driven by defendant Eisenmann while the plaintiff was crossing Mission Street near its intersection with New Montgomery Street, in the city and county of San Francisco. The California Highway Indemnity Exchange was joined as a defendant by reason of a policy of insurance issued by it to its co-defendant under the terms of an ordinance of the city and county. The cause was tried before the court sitting with a jury and at the close of plaintiff’s case a nonsuit was' granted to the Indemnity Exchange and the trial was continued as to the defendant Eisenmann, resulting in a verdict for the plaintiff in the sum of five thousand dollars. This defendant has appealed upon a typewritten record.

The story of the accident, as related by the plaintiff and Witnesses called in her behalf, is that at the hour of 8:15 A. M. on January 21, 1925, after alighting from an eastbound Mission Street ear, at the intersection of Mission with New Montgomery Street, and after waiting for the car to pass across the intersection, she started to walk across Mission Street from the safety station located near the…