Rock

This is an appeal by defendants Peter Orlando, Joseph Orlando and Peter Orlando, Jr., from a judgment entered against them upon a verdict of a jury in the sum of three thousand five hundred dollars.

The facts, as testified to by respondent and his witnesses, are briefly these: On Sunday afternoon, May 15, 1927, at about the hour of 7 P. M., respondent Edward G. Rock and his wife were traveling from Saratoga, in Santa Clara County, to San Francisco, in a Franklin automobile owned and driven by Louis Houle. When they reached a point on the state highway about halfway between the towns of Sunnyvale and Cupertino, the driver stopped on the right-hand side of the highway and respondent stepped out on the left side of the ear, and after looking for approaching cars, proceeded toward the opposite side of the highway where a fruit stand was located. He continued across the highway until he cleared the paved portion of the road and was about five feet off of the paved portion of the highway when he was suddenly struck by a Ford truck coming south on the highway at a high and dangerous rate of speed and off the paved portion of the road, driven by appellant Joseph Orlando. As a result of…