Morgan

The respondent was awarded a verdict and judgment for personal injuries inflicted upon her by a truck of the Los Angeles Rock and Gravel Corporation ; a motion for new trial was presented, which was denied, and the defendant appealed from both the judgment and the order denying said motion. The asserted error in the order denying a new trial will be considered upon the appeal from the judgment, and the appeal therefrom is therefore dismissed. (Heine Piano Co. v. Bloomer, 183 Cal. 398 [ 191 Pac. 900 ].)

It appears that the plaintiff was struck by defendant’s machine as she alighted from a west-bound street-car at the northeast comer of Pasadena Avenue and San Fernando Road, or Avenue 20, in the city of Los Angeles; she alleged that the truck was following the car at an excessive rate of speed, without proper control, and in violation of a city ordinance; that as she attempted to walk toward the curb the driver of the truck proceeded through the intersection, throwing her to the pavement.

Issue was joined, and the defendant affirmatively alleged that the accident was unavoidable, and also that the accident resulted proximately from the plaintiff’s contributory negligence in…