Ohlson

This is an appeal on the part of the defendant from a judgment rendered by the court sitting without a jury, under a complaint concerning an accident which occurred on the ninth day of July, 1920, at or about 9 o’clock A. M. on Eleventh Street at the easterly side of Los Angeles Street, where the plaintiff was struck by the defendant while the plaintiff was crossing Eleventh Street from south to north, in line with the general direction north and south of the easterly sidewalk of Los Angeles Street. The evidence shows that plaintiff had looked in both directions before starting across Eleventh Street and that at that time plaintiff saw no automobile approaching nor in the intersection, and plaintiff states that when near the center of Eleventh Street, where there is a manhole, he was struck by the defendant’s automobile, but says that he did not see the automobile approaching nor did he even remember just when or where it hit him except that he had a dim recollection of being placed in an automobile and taken, as he afterward learned, to the Emergency Hospital. The defendant also states that he did not see the plaintiff until just before he struck him and that he was so close to…