Bauhofer

This is an appeal by plaintiff from a judgment of nonsuit in an action for damages for personal injuries.

Briefly, the facts disclosed by plaintiff’s evidence are as follows: On February 13, 1909, the plaintiff was driving a horse and wagon delivering milk to customers in the city of Alameda. He had come to a stop near the sidewalk and was engaged in pouring milk from a large can on his wagon into another when the defendant, driving an automobile, collided with the wagon and by so doing injured the plaintiff. The collision occurred on Park street about midway between Eagle and Clement avenues, and defendant at the time was proceeding in a northerly direction toward the last-named avenue. Plaintiff’s horse and wagon were standing on the left (east) side of the street and facing southerly. On the right side of the wagon attached to the seat was an ordinary “milk wagon lamp,” in good order, with a reflector, and the lamp was burning. The roadway at this point from curb to curb is forty-eight feet wide, and was at the time of the collision in good condition. The accident occurred at 8 o’clock in the evening, and there was at the time a lighted ordinary street arc-light suspended…