Spring

This is an appeal from a judgment based upon a directed verdict in favor of the defendant in an action brought by the plaintiff to recover damages for injuries sustained by her as a result of being struck by an automobile driven by the defendant upon one of the streets of Los Angeles on the evening of December 21, 1918, at about the hour of 8:20 P. M. The answer of the defendant denied any negligence on his part causing said accident, and" alleged that the same occurred through the contributory negligence of the plaintiff herself.

The facts of the case are practically undisputed and may be briefly summarized as follows: On the evening in ques-

tion the plaintiff, accompanied by her daughter, was standing upon or near the intersection of Stephenson Avenue and Jane street in said city, at or near the northeast corner of such intersection. She was awaiting the approach of a street-car which was proceeding in a westerly direction along Stephenson Avenue and on the northerly rails of the double street-car track, occupying the center of said avenue. When said street-car was approximately three hundred feet away the plaintiff left her position and proceeded in a southerly direction out…