Courviosier

The action was for damages caused by the alleged negligent operation of an automobile by defendant whereby plaintiff was run over and severely injured and she was awarded á verdict of three thousand dollars by the trial jury. The appeal is from the judgment entered thereon in her favor. As to the circumstances of the accident, which occurred on Eighth Street, Sacramento, plaintiff testified as follows:

“I was prepared to go to work, and I was going to the Post Office, down K Street, going towards the Post Office. I walked on a straight line from the sidewalk, about the center of K Street. As I crossed 8th Street, until I reached about six or seven feet from K Street, on 8th, I heard a noise suddenly to my left; so I turned, I saw the car almost on me, so near I could not tell whether it was a car or truck, it was so close to me; just as I swung back, Mr. Burger turned the car away from me immediately, and immediately back on me; he turned away and started back on me; my first temptation was—when I turned around, I sprung back, I bumped into a woman behind me—• she would have been struck if I hadn’t. As he turned awajr from me, he suddenly backed on me immediately and knocked me…