Gootar

Plaintiff brought this action against defendant to recover for personal injuries received when plaintiff was struck by defendant’s automobile truck. Judgment in the sum of $2,250 was entered in favor of plaintiff upon the verdict of the jury. From this judgment defendant appeals. '

The accident occurred in a private driveway on the premises of the defendant. Both plaintiff and defendant were dealers in junk and plaintiff had called at defendant’s premises to obtain a chain. In leaving the premises plaintiff stepped into the driveway from defendant’s office in the adjacent building. The width of the driveway was twelve feet three inches. Defendant’s employee was endeavoring to back the truck from the front of the premises through the driveway and into the yard. The truck was about eight feet wide and with its load of boilers or tanks was estimated to be about ten or eleven feet in width. In operating the car the employee was standing with his left foot on the running-board and his right foot on the gas. The truck was moving very slowly until just before the accident. The employee had an assistant straightening the wheels and directing him as he started to back. The truck was…