Silva

This is an action for personal injuries. The cause was tried before a jury. The verdict was for defendants and judgment was entered accordingly. Plaintiff thereafter moved for a new trial and the motion was granted upon the ground of insufficiency of the evidence to sustain the verdict.

Defendants appeal from the order granting a new trial. Appellants’ sole contention in support of the appeal is that the plaintiff’s version of the accident is impossible of credence because of the physical facts as shown by the evidence. Plaintiff was at work as a stevedore in the employ of the Bayside Steamship Company on pier 17 adjoining The Embarcadero, San Francisco. Much of the testimony given refers to a blackboard map made by witnesses with the assistance of the attorneys which is not a part of this record.

However, after a careful study of the evidence as transcribed it appears that pier 17 extends in an easterly and westerly direction from The Embarcadero into the bay. Through the center of the pier from west to east extends a driveway estimated to be twenty-five feet wide. This driveway is for the use of the public in carrying freight to or from the pier and is marked off from the…