Fabricius

The plaintiff was given judgment against the defendants for damages on account of personal injuries sustained by being struck by a truck owned by the defendant corporation and driven by its employee, defendant Vieira, in the course of his employment. The defendants have appealed.

On a Sunday afternoon at about 3 o’clock the plaintiff, who was driving in a northerly direction along San Pablo Avenue, in Contra Costa County, turned off the paved part of the highway to the right and stopped his automobile. The distance from the left side of the automobile, as it stood there, to the edge of the pavement was not less than eighteen inches nor more than four feet, according to the estimates of the witnesses at the trial. The defendant Vieira estimated the distance to be “three feet, from two and one-half to three feet, not over that.” The plaintiff stood in a stooping position at the left side of his automobile for a few minutes adjusting the carbureter thereof, and, while he was in that position, the defendants’ truck, also traveling in a northerly direction, struck the plaintiff and caused the injuries of which complaint is made. The only grounds urged for a reversal of the judgment…