Brown

Plaintiff was awarded a judgment for ttie sum of $1,391 following the verdict of a jury, as damages for personal injuries received by him through the alleged negligence of defendant. A motion was made for a new trial and denied, and this appeal was then taken from that order and also from the judgment as entered.

About the fifteenth day of February, 1910, at about the hour of 6:30 p. m., plaintiff alighted from a trolley ear on West Pico Street at Elden Avenue in the city of Los Angeles. Pico Street at that point runs approximately east and west and Elden Avenue intersects it from the north at right angles. Plaintiff’s home was located about one-half block north of Pico on the west side of Elden. On the evening in question the car, traveling westerly on Pico, was stopped by the operatives thereof at the usual point at the east side of Elden to discharge passengers. The car was brought to a complete stop, several passengers alighted and it then started on its way. When it had progressed from one-half to two-thirds of the way across Elden the plaintiff swung himself off from the moving car and a moment afterward was struck by an automobile which approached him from the east and…