Paulos

Respondent Gus Paulos brought this action to recover damages for personal injuries, sustained in-a collision between a horse-drawn peanut wagon, driven by him, and an interurban car, owned by appellant Market Street Railway Company and operated by appellant M. Kenny. The case was tried before a jury, which returned a verdict in respondent’s favor and against appel lants for $6,500. The latter appealed from the judgment entered on such verdict, assigning as errors (1) the denial of their motions for a nonsuit and for a directed verdict, (2) the refusal to give certain instructions, requested by them, on the issue of contributory negligence, and (3) the giving of certain instructions, proposed by respondent, on the doctrine of last clear chance.

The wagon was struck by the car, northbound on Mission Street, as respondent, who had been traveling south on Mission Street, was making a left-hand turn into Trumbull Street, which terminates in Mission Street. Appellants do not question the sufficiency of the evidence to support the jury’s implied finding that they were negligent, but they do claim that the evidence establishes, as a matter of law, respondent’s contributory negligence…