Park

Plaintiff was awarded a judgment for one thousand dollars for damages suffered by him through the alleged negligent operation of an automobile of the defendant at the intersection of Hill and First Streets, in the city of Los Angeles. The defendant denied negligence upon his part and in further defense to the action pleaded affirmatively the contributory negligence of the plaintiff.

The accident took place on the evening of December 16, 1914, at about the hour of 7 o’clock P. M. and at a time when it was dark and stormy. The plaintiff was proceeding eastward on the south side of First Street and intended to cross Hill Street at its intersection with First Street. When he reached the outer edge of the sidewalk, and before stepping out into Hill Street proper, he looked and listened for approaching vehicles coming from both directions on that street. He was carrying a typewriter in his hands at the time and laprobe over his shoulders. At about two hundred feet to the north of the intersection of the streets referred to the traffic on Hill Street is accommodated by two tunnels, one for the use of a railway and the other for the use of automobiles and pedestrians. Plaintiff testified…