Gulino

This is an action to recover damages for injuries sustained in an automobile collision. The action was tried before the trial court sitting without a jury. It made findings in favor of the defendant and from the judgment entered thereon the plaintiff has appealed.

On the nineteenth day of October, 1930, the plaintiff drove his truck to the grape market in San Francisco for the purpose of transacting the business of hauling and delivering grapes. The grape market is located at the eastern end of Vallejo Street and Broadway and several blocks north of Market Street. The expression “grape market” applies to the temporary arrangement for selling grapes on the freight-cars. On the east side of Front Street the space is gridironed with railroad tracks. Tracks 16-23, inclusive, extend across Vallejo Street to Broadway. Loaded cars are placed on the tracks completely occupying all track space except the streets. At the streets the trains are so separated that the ends of the cars abut the sides of the streets. The space thus left makes an alley of such width that two lines of automobiles can be operated in opposite directions. People pass on the sides of the traffic and gather about the…