Rasic

This is an action to recover damages for personal injuries sustained by plaintiff arising out of a collision which occurred on July 5, 1927, between an automobile driven by defendant and plaintiff, who was a pedestrian. A jury returned a verdict for the plaintiff and the defendant appeals from the judgment entered thereon and from an order denying his motion for a new trial. The complaint alleged negligence on the part of defendant. The answer denied generally the allegations of the complaint and alleged affirmatively contributory negligence on the part of the plaintiff.

Respondent, an iceman, while engaged in the delivery of ice, parked his truck facing east on Thirty-eighth Street, between San Pedro Street and Avalon Boulevard, in Los Angeles, to the left of, and close to, a car parked parallel to the south curb. It was stipulated that this was a residential district at the time of the injury. The evidence as to the distance between the north side of respondent’s truck and the north curb of Thirty-eighth Street varied from 19% feet to 22 feet. This space between the north side of respondent’s truck and the north curb was unobstructed.' Appellant was operating a Studebaker…