Ribosso

Plaintiffs sued for personal injuries to Herman Work, a minor. The cause was tried with a jury and defendant had a verdict. Plaintiffs appeal upon a bill of exceptions.

The single question presented on the appeal is the sufficiency of the evidence to justify the verdict. It is the contention of appellants that the evidence discloses negligence on the part of defendant, a want of contributory negligence on the part of the minor, and that the defendant had the last clear chance to avoid the injury. As the jury found adversely to appellants it is sufficient to make but a short statement of the evidence and in this statement we must, of course, give to the respondent the most favorable construction of the testimony where any conflict arises.

At about 4 o’clock in the afternoon of January 24, 1929, the defendant was driving his automobile in a southerly direction on York Street in the city and county of San Francisco, and when he had reached the middle of the block between Twenty-first and Twenty-second Streets the minor, who was standing in a place of safety on the easterly-sidewalk, suddenly started to run obliquely across the street in a southwesterly direction, and while so…