Olsen

This action was brought to recover damages for injuries received by plaintiff, caused by the alleged negligence and carelessness of the defendant while operating an automobile owned by him. In accordance with the verdict of the jury a judgment for $300 was entered in favor of the plaintiff. The appeal is from an order denying defendant’s motion for a new trial.

Appellant (defendant) contends that the respondent was guilty of contributory negligence which was the proximate cause of the accident, the alleged negligence consisting in riding his bicycle on Market street, San Francisco, while the street was greatly obstructed by debris. The record shows that at the time of the accident the north and south sides of Market street, between East and Third streets, were impassable by reason of being covered with debris from buildings destroyed by the fire of April 18, 1906; that the roadway of Market street available for use was then greatly narrowed. The respondent testified as follows: “On account of the number of people, cars and teams on the street it was impossible for me to ride on my bicycle, so I was compelled to walk up. I continued to walk up the north side of the street to about…