Towne

The defendants have appealed from the judgment herein in favor of plaintiff for damages, on account of injuries suffered by him through the negligence of defendants. The jury returned a verdict in the sum of $4,500 and judgment was entered for that amount. The defendants moved for a new trial and the same was denied upon condition that plaintiff consent to a reduction of the judgment to $3,500. Such consent was filed in due time and the amount of the judgment was reduced accordingly.

Eldorado Street in the city of Stockton runs north and ' south and Poplar Street crosses it at right angles. The former is 55 feet 4 inches wide and the latter 39 feet 4 inches. There is a double street-ear line on the former and also on the latter from the intersection west. Measurements taken westerly across Eldorado Street are as follows: From the east curb to the cast rail of the north-bound track 20' 0", thence to west rail 5' 1", thence to east rail of south-bound track 4' 10", thence to west rail 5' 1", thence to west curb 20' 4".

Immediately prior to the accident which resulted in plaintiff’s injuries, a north-bound street-car stopped a short distance south of the intersection to permit…