McDonald

This is an appeal by the defendants from a judgment against them for twenty-five thousand dollars in an action to recover damages for personal injuries sustained by plaintiff and alleged to have been caused by the negligence of the defendants. The defendant company is the owner and operator of the electric train which caused the injury and the other defendant is the motorman who operated the same.

The defendants admit, in the briefs filed on their behalf in this court, that, from the conflicting evidence upon the subject and the implied finding of the jury, this court must start from the premise that the negligence of the defendant was established. The question argued by appellant upon appeal is that the evidence offered by plaintiff on his own behalf convicts him of contributory negligence, barring his recovery.

The accident occurred near the intersection of Fourteenth and Franklin Streets, in the city of Oakland. Franklin Street runs north and south. It is intersected by Fourteenth Street, which runs east and west. The block to the east of Franklin Street, between Fourteenth and Thirteenth, is used by the appellant company as a depot where trains to and from San Francisco have…