Babcock

This cause is before us upon an appeal by the defendant from an order granting a new trial after judgment on a verdict rendered by the jury in favor of the defendant. The order granting a new trial sets forth that it is granted on account of errors in law occurring at the trial.

The action was brought by the plaintiff and respondent, by his guardian ad, litem, to recover damages for personal injuries alleged to have been sustained by reason of being struck by a street-car belonging to the defendant Pacific Gas and Electric Company, and operated by the defendant Meyer. The injuries are alleged to have been received at about 9 P. M. on the evening of August 31, 1930.

It appears that the plaintiff was crossing Y Street between 30th and 31st Streets in the city of Sacramento, and on a line about 60 feet east of the easterly line of 30th Street. Y Street is 48 feet in width, is an arterial street, and has two sets of street-car tracks. Y Street runs easterly and westerly. The south set of tracks carry east-bound traffic and the north set of tracks carry the west-bound traffic. Y Street is one of the principal thoroughfares leading to the state fair grounds, located about one mile…