Kletz

Plaintiff commenced an action to recover damages for injuries sustained from being hit by an automobile driven by the defendant. The defendant interposed an answer denying many allegations contained in the complaint and affirmatively pleaded the contributory negligence of the plaintiff. A trial was had before the court sitting with a jury. The jury returned a verdict in favor of the plaintiff and from a judgment entered thereon the defendant has appealed under section 953a of the Code of Civil Procedure.

The first point presented by the defendant is the contention that the plaintiff was guilty of contributory negligence as a matter of law. The accident occurred October 4, 1924, at about half past 4 P. M. in Hyde Street, immediately north of the north line of Fulton Street, in San Francisco. Hyde Street is 46 feet wide and Fulton Street is 100 feet wide from curb to curb. The plaintiff was in the act of crossing from the east side of Hyde Street to the west side, traversing that portion of the street which pedestrians ordinarily traverse in going up the north side of Fulton Street. Before entering the street and before he left the sidewalk the plaintiff testified that he looked to…