Fenn

Action for damages for personal injuries. A trial was had before a jury which brought in a verdict in favor of plaintiff.

Thereafter the court made an order setting aside the verdict and granting defendant’s motion for a new trial, from which order plaintiff prosecutes this appeal.

Plaintiff alleges that while attempting to cross Main street at its intersection with Sixth street, in the city of Los Angeles, at the usual and regular crossing thereof for pedestrians, she was knocked down, permanently injured and disabled by an automobile which defendant was then and there carelessly and negligently running and operating upon said street. It further appears from the allegations of the complaint that the collision occurred about 6 o’clock P. M. on December 24, 1906, at which hour darkness prevailed, and defendant was running the automobile at the time without any lights displayed thereon,-and gave no warning or signal of his approach while running at a dangerous and reckless rate of speed.

The answer denies that defendant was guilty of negligence in operating the automobile; denies that plaintiff was damaged, and alleges that such injuries as she may have sustained were due to her…