Antonian

This is an action to recover damage» for an injury to the person of plaintiff alleged to have resulted from defendant’s negligence. The cause was tried by a jury and a general verdict found in favor of plaintiff. Certain special issues were submitted to the jury and answered as follows:

Judgment passed for plaintiff on the verdict, from which and from the order denying its motion for a new trial defendant appeals, and also from an order denying defendant’s motion, made after judgment, directing the clerk to set aside the judgment entered upon the general verdict and t'o enter judgment in favor of defendant upon the special issues and findings of the jury.

Plaintiff resided in that portion of the city of Fresno situated west' of the defendant’s railroad tracks. About half-past 10 o’clock on the night of August 17, 1905, he was returning to his home riding a bicycle, from the principal part of the city, situated on the east side of defendant’s tracks; he was traveling along the north side of Tulare street where it crosses the tracks and along what was spoken of and used as a bicycle path, about where the sidewalk would have been located had it been extended across t'he tracks, on…