Whitmore

Plaintiff commenced this action for damages for injuries suffered when struck by defendant’s automobile while she was crossing a public street in the city of Long Beach. The cause was tried before the court without a jury with the result of a judgment in favor of plaintiff in the sum of $1,800. From this judgment the defendant appeals upon a record prepared under the provisions of section 953a of the Code of Civil Procedure.

'The only grounds urged on the appeal from the judgment are that the evidence was insufficient to support the finding of defendant’s negligence and that it is also insufficient to support the finding that the plaintiff was herself not guilty of contributory negligence. The evidence is that the plaintiff, having just alighted from a public bus at the corner of Atlantic Avenue and Seventeenth Street, passed around the front of the bus to cross Atlantic Avenue when without warning she was struck by the defendant’s automobile and thrown back in front of the bus, suffering the injuries which are the basis of the complaint.

Concerning the finding of defendant’s negligence the evidence is in wide conflict, both as to the rate of speed and as to the proximity to the…