Harris

This is an appeal from a judgment on a verdict in favor of the defendant in an action for damages brought by a guardian of minor children whose mother, Marion Harris, was killed in an automobile accident.

It appears that Mrs. Harris had been standing on the sidewalk near the intersection of two streets, at which point it was her intention to board a street-car. As the streetcar approached Mrs. Harris left the sidewalk and walked near the rails of the street-ear track. As she did so a man with whom she had been conversing on the street corner called out to her that she could ride with him. At just about that time Mrs. Harris turned, gave a scream and either walked very rapidly or ran toward the curb, and in doing so was struck and run over by an automobile truck owned and operated by defendant, and which truck had been following the street-ear and which was passing the street-car at that time. The evidence further shows that at the time the accident occurred it was a clear day and that there was nothing to obstruct the view of either the driver of the truck or that of Mrs. Harris as to any of the immediate surroundings; but the evidence is conflicting as to the position of the…