Shilling

Action for damages for personal injuries alleged to have been caused through the negligence of defendant.

The case was tried by a jury which rendered a verdict in favor of defendant. Judgment followed in accordance therewith. Plaintiff moved for a new trial upon the ground, among others, of insufficiency of evidence to justify the verdict. An order in general terms was made granting the motion, from which defendant prosecutes this appeal.

As we view the case under this general order it is unnecessary to consider other specifications of error than those of insufficiency of evidence to justify the verdict. (Churchill v. Flournoy, 127 Cal. 355 , 59 Pac. 791 ].)

The facts briefly stated are: That defendant was driving an automobile in a southerly direction upon Fair Oaks Avenue in the city of Pasadena, closely following a few feet immedi ately back of another automobile driven in the same direction by Hr. Biasing. Upon seeing the plaintiff upon the west side of the street, Biasing asked plaintiff if he was going down town and receiving an affirmative answer stopped his ear, at which time plaintiff stepped into the street, intending to reach the left front seat by going around the…