Murero

The plaintiff commenced an action against the defendants to recover a judgment for damages alleged to have been suffered by reason of being struck by an automobile truck owned by the defendant Lumber Company and operated by the defendant Peter Leonard. The defendants answered and a trial was had before the trial court sitting with a jury. The jury returned a verdict in favor of the defendants and the plaintiff has appealed.

The plaintiff contends that the trial court erred in instructing the jury. Before considering the specific instructions it is necessary to state some of the facts.

About 9 o’clock in the morning on the twenty-sixth day of September, 1923, the plaintiff had ridden on an eastbound car across Sixteenth Street to Bryant Street in San Francisco. She claimed that the car stopped on the east side of Bryant Street, and that she stepped down on to the ground and turned to assist her daughter-in-law to also alight. While so standing immediately alongside of the car she claims that the defendants’ truck approached from the west and knocked her down and caused the injuries complained of.

The witnesses for the defense stated quite a different set of facts. The story as…