Galwey

This action was brought by Ernest Galwey, a minor, through Hannah Galwey, his mother and guardian ad litem, to recover damages from appellant corporation for personal injuries. A jury returned a verdict for the plaintiff, and from the judgment entered thereon the corporation has appealed.

It is claimed that the verdict is unsupported and that the court erred in its rulings upon the admissibility of certain testimony, and its instructions to the jury, and by refusing other instructions offered by appellant.

The accident which caused the injuries occurred at about 8:30 o’clock P. M. on August 2, 1925, at a point on Lincoln Street, between Benton and Franklin Streets, in the city of Santa Clara. At this point Lincoln Street runs north and south and the cross-streets mentioned east and west. The plaintiff was aged about eleven years and was skating or walking upon roller skates at the time of the accident. According to his testimony, he left his home, which was situated to the east of Lincoln Street, and skated west along the sidewalk on Franklin Street to Lincoln; thence north along the east side of Lincoln to a point where the sidewalk ended, and from there walked to the corner of…