Finn

The appellant commenced an action for damages alleged to have been incurred as a result of being struck by an electric car of the respondent while crossing its private right of way. At the conclusion of his evidence before a jury the trial court directed a verdict in favor of the defendant, and judgment having been entered accordingly, and a new trial denied, appeals were taken from said judgment, from the minute order directing a verdict, and from the order denying a new trial. Since there is no appeal from such orders, we are concerned only with the appeal first mentioned.

Alighting from a north-bound car at a cement landing, the appellant looked in a northerly direction, and seeing no south-bound car approaching, started to cross the lines of track. He admitted that his view toward the north was obstructed by the departing car. As he stepped between the rails of the westerly line of tracks, he was struck by a car traveling with lighted headlight in excess of the legal rate of speed toward the south. He also testified: “I had been in the habit of riding those cars a great deal and had noticed that the wheels make a rumbling sound as they turn over on the steep track beneath…