Menear

Two related reasons are advanced by the defendant in support of his appeal from a judgment following a jury’s verdict: First, he urges that, as a matter of law, the plaintiff appears from the evidence to have been guilty of contributory negligence, and so not entitled to damages for the injuries, of which defendant’s negligence was, at least, one of the causes; secondly, he finds fault with an instruction given the jury, respecting the reliance which the plaintiff could place upon the presumption that the defendant would comply with the law. We are of the' opinion that the evidence does not lead to the conclusion that, as a matter of law, the plaintiff was guilty of contributory negli gence; nor do we conclude that the giving of the instruction requires a reversal of the judgment.

The plaintiff, a mail carrier, was injured while crossing a busy highway. As he approached the spot from which he stepped off the south curb into the street he noticed two ears approaching from the west at a distance of four or five hundred feet. One, the defendant’s then drew past the other (the other is identified in the record as the “larger” ear) and in doing so, drove over on and along the left, i.…