Lewis

In this action plaintiff sought recovery of damages for personal injuries alleged to have been sustained by colliding with an automobile which defendant negligently operated upon a street at a point where the former was crossing.

Judgment went for plaintiff, from which defendant appeals.

While conceding his own negligence, appellant insists that his plea of contributory negligence, of which he alleged plaintiff guilty, was clearly established by the evidence to the effect, as claimed, that plaintiff while crossing the street neglected to use proper precautions for his own safety in that, conceding the automobile was running on the wrong side of the street and at an unlawful speed, plaintiff might have heard the same and could have seen it had he looked in the direction from which it was approaching. As we gather from the record, and in the absence of any statement as to the existing conditions made by counsel for either party, it appears that the accident occurred on Colorado boulevard, which extends east and west and, measured between curb lines, is eighty feet in width. At the time in question, about 6:10 P. M., November 21st, plaintiff, after looking in both directions and…