Delannoy

Plaintiff commenced an action to recover damages for injuries sustained in an automobile collision. The owner of the automobile appeared and answered by interposing certain denials and pleading contributory negligence. The insurance carrier of the plaintiff’s employer appeared and filed a complaint in intervention. The defendant answered the complaint in intervention. A trial was had before the trial court sitting with a jury. The jury returned a verdict in favor of the plaintiff and from the judgment entered thereon the defendant has appealed.

In the afternoon of the twenty-sixth day of August, 1930, the plaintiff was in the act of making a delivery of some automobile parts to a customer of his employer. He had the packages in his hand and was traveling on foot. He passed down the north side of Grove Street to the west side of Van Ness Avenue. At the crossing made by Grove and Van Ness there were at that time electric signals. A signal stood on each one of the four corners. The plaintiff testified that when he arrived at the corner he waited for the signal to say “go”. He looked to his left and saw a car. That car, according to his testimony in different places, was 75, 100 or…