Carlsen

This is an appeal by Thomas Carisen, plaintiff, from an order granting a new trial. The action was instituted by Carlsen to recover damages for personal injuries sustained by him while engaged in loading a truck near the driveway of the entrance to what is known as the Oakland Harbor ferry. This ferry is used for the purpose of transporting vehicles and passengers across San Francisco Bay. The entrance on the western side of the bay is south of the ferry building in San Francisco, access to the ferrf slip being from East Street. On the left side of said drive leading to the slip is a ticket office of the company operating the ferry, and in front of said ticket office is a scale. The testimony indicates that the truck of the defendant herein, operated by one William B. Robertson, stopped opposite the scale, Robertson procured a ticket and proceeded to drive toward the boat. To the left or north of the driveway stood a wagon of the Union Transfer Com pany which the plaintiff and another were loading. The automobile truck of the defendant (respondent) in moving from its place upon or opposite the scale proceeded toward the boat along the extreme northerly part of the driveway, and in…