Sommer

The plaintiffs, as husband and wife, commenced an action against the defendants to recover dam ages for injuries sustained by being struck by an automobile which one of the defendants was driving. The defendants answered and a trial was had by the court sitting with, a jury. The jury returned a verdict in favor of the plaintiffs; the defendants moved for a new trial; the motion was denied on condition that the plaintiffs would remit one thousand dollars, which they did, and from the judgment as modified the defendants have appealed, bringing up the judgment-roll and a bill of exceptions.

[1] 1. The first point made by the appellants in their brief is that the plaintiff wife was guilty of contributory negligence. Under this attack the appellants claim that Mrs. Sommer immediately preceding the accident stepped into the street without looking to her right or to her left. She testified in answer to certain questions as follows:

In another place she testified as follows:

The defendant J. A. Martin testified:

Mrs. Hallie Barker, one of the defendants’ witnesses testified:

Mrs. Nettie Sheoff, a witness called by the defendants, testified: “As the car was slowing down, I saw through…