Devecchio

Plaintiff instituted this action for the recovery of damages on account of personal injuries and loss of time suffered by reason of having been run into by an automobile driven by an employee of the defendants. The defendants had judgment and the plaintiff, appeals.

It appears from the pleadings and transcript in this case that on or about 6:30 A. M. on the tenth day of January, 1922, while the plaintiff was walking along a certain street in the city of Madera known as Yosemite Avenue in the direction of Pine Street on the way to his employment, he was run into by an autotruck belonging to the defendants, then being driven by an employee named Adams; that this truck was traveling in the same direction with the plaintiff and ran into him from the rear; that no horn or bell was sounded to indicate the approach of the autotruck but that the truck was loaded with some eight or ten empty milk cans; that the morning was more or less foggy and consequently more or less dark; that the plaintiff was walking a little to the right of the center line of said street; that there was no sidewalk along either side of said street; but that on the left-hand side there was a footpath; on the…