Potter

Respondent brought this action for damages for alleged injuries sustained by him when he was struck by an automobile operated by appellant. The trial was before a jury, and judgment was entered in favor of respondent for $3,750 against appellant only, the ease having been dismissed as to the other defendant. From this judgment the said defendant Bari P. Driver has appealed.

Substantially the facts are as follows:

Appellant urges four grounds for reversal of the judgment, namely: 1. Insufficiency of the evidence to justify the verdict; 2. That said verdict is against law; 3. Excessive damages appearing to have been given under the influence of passion or prejudice; 4. Errors in law occurring at the trial and excepted to by defendants.

We will first consider the question of the insufficiency of the evidence to justify the verdict. The evidence is to the effect, without contradiction, that after both of the streetcars had cleared the intersection of Nineteenth and J Streets, appellant, who had stopped at the south line of said intersection, started his car in low gear and proceeded north across said intersection. The night was clear, the moon was shining and the headlights of…