Harvey

This is an appeal from a judgment in favor of the plaintiff based upon the verdict of a jury, in an action for damages for personal injuries. The plaintiff was struck by an automobile driven by the defendant, at a street intersection in the city of San Diego, just after he had alighted from a street-car in which he had been a passenger. He had taken but one or two steps away from the street-car toward the curb, when the automobile struck him, knocking him from 10 to 15 feet and seriously injuring him. The automobile proceeded across the street intersection, up over the curb, across the sidewalk and crashed through the front porch of a house, where it came to a stop, approximately 99 feet from where the plaintiff lay.

The first point urged by appellant, as a reason for reversal is that it conclusively appears that the respondent was guilty of contributory negligence. This contention is based in part upon certain statements made by the respondent to the effect that when the door of the car was opened, he got off and was struck when he was taking the second step; that he did not see the automobile driven by appellant at any time before it struck him; that the automobile was going so…