Brandes

Defendant appeals from a judgment rendered against him in an action for damages for personal injuries.

The injuries sustained by plaintiff were the result of a collision between him personally and an automobile owned and operated by defendant at a time when defendant was backing his automobile a distance of twenty-six' feet out of his private driveway across a public sidewalk on which plaintiff was a pedestrian.

The first question presented to this court for its determination is whether the trial court was justified in its conclusion that the acts of defendant in the premises were negligent. Among other facts adduced on the trial of the action appeared the following: Besides defendant, the automobile with which plaintiff collided contained four passengers, three of whom - occupied the back seat. Although immediately prior to the time when such persons became occupants of the automobile, as well as at some time very shortly after they entered the automobile and preceding the time when the accident occurred, each of them gave some attention to ascertain the fact whether any person was on the sidewalk in the vicinity of its intersection with the private driveway of defendant, none…