Weihe

This is an appeal hy defendant from an adverse judgment and from an order denying its motion for a new trial in an action for damages for personal injuries suffered hy the plaintiff, Julia Florence Weihe, through being struck by an automobile of the defendant.

An employee of the defendant, in charge of and operating said automobile, in effecting a delivery of goods, drove it to the left (south) side of Sacramento Street, in San Francisco, and there stopped on that side a short distance from the east line of Fillmore Street. The goods being delivered the driver started the automobile and collided with the plaintiff just as she stepped from the sidewalk at the southeast corner of Sacramento and Fillmore Streets in order to board a streetcar on Sacramento Street, resulting in the injuries to the plaintiff set forth in the complaint.

In support of its appeal the defendant does not claim that the evidence is insufficient to warrant the jury in finding that the defendant was guilty of negligence, its contention in this respect being that the ease should have been taken from the jury on the ground that the evidence showed the plaintiff to have been guilty of contributory…