Collins

Plaintiff sued for damages for personal injuries caused by his being struck by a cable car operated by the defendant. The cause was tried before a jury and resulted in a verdict for the plaintiff in the sum of $3,335. From the judgment following the verdict the defendant has appealed upon a bill of exceptions.

Testimony of the eye-witnesses to the accident is somewhat conflicting, but the verdict of the jury having favored the plaintiff it is necessary on this appeal to take the facts as they appear in the testimony most favorable to him. Pursuing this course we find the plaintiff, a man of seventy-one years of age, was attempting to cross California Street at its intersection with Van Ness Avenue at about 2 o’clock in the afternoon, passing from the northwesterly to the southwesterly corner; that before leaving the sidewalk on the northwesterly corner of this intersection he looked in both directions and saw an east-bound cable car approaching on the southerly track but did not see any car approaching on the northerly track from the east; that as he approached the northerly rail of the double tracks of the company he again looked in both directions but saw no car approaching…