Schediwy

This is an appeal from a judgment based upon a verdict o'f a jury awarding to plaintiff damages in the sum of $5,000 against the defendants and to review the proceedings of the trial court in denying defendants’ motion for a new trial.

The undisputed facts are as follows: That Santa Clara Avenue is a public street in the city of Alameda, running in a general easterly and westerly direction; that on the north side of this street there is a sidewalk for the use of pedestrians; that on the same side and about in the middle of the block, between Park and Oak Streets, there is situated a building commonly known as the city market; that J. Frank McDermott, doing business under the name of Lewis & McDermott, was engaged in the wholesale meat business; that Joe Souza, an employee, on the twenty-fourth day of July, 1928, had finished delivering beef to the city market from a truck parked at the north curb of Santa Clara Avenue and was proceeding back to the truck after making such deliveries; that plaintiff Anna Schediwy was walking along this sidewalk at a point about opposite the market; that at the same time Joe Souza left one of the entrances to the market, the doors of which are…