Bolles

This is an appeal from a judgment in favor of the plaintiff in the sum of six thousand dollars for personal injuries sustained by her when struck by an automobile driven by the defendant on one of the public streets of the city of Oakland. The facts of the case are that one rainy night in February, 1922, at about 7:45 P. M., plaintiff, a foot-passenger, endeavored to board a Telegraph Avenue street-car at a regular stopping place on Telegraph Avenue near Thirty-eighth Street. She stood upon the curb and looked to her left, watching for the approach of a ear. As a car approached she went through the traffic to the street-ear track, but the car failed to stop and she returned to the curb. She remained at the curb watching for the approach of another car from her left. When she saw a car leave the last stopping place, one block away, she again went through the traffic and took a position about two or three feet from the outer car rail where she awaited the approach of the car. While standing there she had an umbrella over her head to protect herself from the rain, and after taking that position she did not look to her left to observe the approach of other vehicles. Before she left…