Charves

This is an appeal from a judgment rendered after the verdict of a jury in favor of the plaintiff for the sum of ten thousand dollars, damages for personal injuries alleged to have been sustained by said plaintiff as the result of an accident in which the plaintiff was struck by one of the cars of the defendant upon a public street of the city of Oakland on the twenty-fourth day of March, 1915.

Said plaintiff on said day, a child of the age of five years, was living with his parents near the place where the accident occurred, and had been sent by his parents on an errand which would take him across Adeline Street, upon which the defendant was at the time operating a double-track electric railway, which ran in a general northerly and southerly direction. The child undertook to cross said street diagonally in a southwesterly direction when a street-car of the defendant, running in a southerly direction along the westerly track of its said railway, struck the plaintiff, cutting off his right hand.

In the complaint which was filed herein on behalf of said plaintiff for the recovery of damages for his said injuries it was alleged generally that while the plaintiff was crossing said…