Mauchle

Plaintiff sued the defendant for damages claimed to have been caused to him by being run down by an automobile owned by the defendant, Panama-Pacific International Exposition Company, and driven by L. I. Fulcher, the other defendant. He prevailed.

The plaintiff, while on his way home from work on the evening of October 6, 1915, was proceeding westerly on Geary Street pushing a hand-cart of the type used about railroad stations, warehouses, and stores to move heavy boxes and parcels. Upon this truck the plaintiff had loaded some empty boxes. Proceeding westerly from Fillmore Street he kept near the curb line until he crossed Devisadero Street. From that point westerly the street, except between the car-tracks, is paved with blocks of stone. Observing no approaching car or other vehicle, and thinking to avoid the jolting of his load by the rough street, he moved over on the west-bound ear track where the space between the rails was smooth. He had proceeded but a short distance westerly from Devisadero Street when he suddenly heard the purring of an automobile engine behind him, and almost at the same instant he was struck in the back and pushed over on to the hand-cart. The grade…