Moss

Plaintiff appeals from a judgment of non-suit granted at the close of plaintiff’s ease upon the ground of his contributory negligence. The action is for the recovery of damages for personal injuries sustained by plaintiff as the result of an automobile colliding with him, which automobile was owned by defendant and was being driven by an employee of defendant while in the course of his employment. Appellant contends that the question of plaintiff’s negligence was one of fact for the jury.

Plaintiff testified that at about 10:45 o ’clock on the morning of August 17, 1916, he walked to the outer edge of the sidewalk on Spring Street about forty feet north from Fourth Street; that the traffic was moving east and west on Fourth Street across Spring Street, and the traffic policeman at that corner was facing north; that he stood there for a moment or two looking north; that while looking in that direction he saw nothing that was moving except a trolley-car running south on Spring Street; that he also saw a jitney bus standing at the curb about five or six feet north of him, unloading passengers; that he then looked south toward the policeman, and, having looked away from the north for…