Leiner

Plaintiff sued for damages resulting from being struck by an automobile, which was driven by the defendants, while plaintiff was standing upon the sidewalk adjoining a public street in the city and county of San Francisco. The cause was tried before a jury and resulted in a verdict • in favor of plaintiff in the sum of five thousand dollars. From the judgment upon the verdict; the defendants appeal upon typewritten transcripts.

The ease made by plaintiff was that while he was standing upon the sidewalk the truck suddenly swerved from its course in the street so that the front and rear right wheels thereof came over the curbing and proceeded for a distance along the sidewalk so that the truck struck plaintiff, throwing him against an iron pole and causing the injuries complained of. In defense evidence was offered that because of the condition of the surface of the highway the truck suddenly skidded to the right so that the front and rear right wheels came flush with the curb and that the overhang of the truck struck the plaintiff, who under defendants'" theory was standing too close to the edge of the sidewalk. Plaintiff put in evidence provisions of an ordinance of the city and…