Davis

The plaintiff commenced an action against the defendant to recover a judgment for damages arising out of a collision with an automobile. The defendant answered and a trial was had in the trial court before the court sitting with a jury. The jury returned a verdict in favor of the plaintiff for the sum of five- thousand dollars; the defendant made a motion for a new trial; the motion was denied and she has appealed from the judgment based on the verdict under section 953a of the Code of Civil Procedure.

The accident occurred in Oakland on the twenty-ninth day of September, 1927. The plaintiff was in the act of walking from the southwest corner of Fifty-first Street and Telegraph Avenue easterly across Telegraph Avenue. The defendant approached from Berkeley driving south on the west side of Telegraph Avenue. The collision occurred near the westerly rail of the double street railroad track. Just before she left the curb the plaintiff looked north on Telegraph Avenue for approaching traffic. She saw two ears and she waited until they passed. She testified that she then stepped into the street and when she was midway between the curb and the rail she looked again and saw two…