Klopper

Following a trial by jury, judgment upon the verdict was entered in favor of defendants, from which judgment plaintiff appeals.

The action was brought to recover for personal injuries alleged to have been sustained by plaintiff as a result of negligence upon the part of defendants. The accident occurred at aibout 1 o’clock on the morning of November 5, 1929, on Mission Street near Ocean Avenue, in San Francisco. Pursuant to a permit granted by the board of public works, defendants were engaged in moving a sehoolhouse twenty-four feet in width along Mission Street. At the time in question the sehoolhouse was not in motion, but was temporarily standing in the middle of the street. There were lighted red lanterns hanging close to the ground at the four corners of the sehoolhouse. Plaintiff collided therewith while operating his automobile in a northerly direction along Mission Street. Both negligence and contributory negligence were issues under the pleadings and the trial court gave instructions on these issues.

Appellant contends that the trial court erred in admitting certain evidence and in the giving and refusing of certain instructions. Practically all of appellant’s…