Averdieck

This defendant appeals from a judgment following a verdict in favor of the plaintiff in the sum of two thousand five hundred dollars for personal injuries caused by the plaintiff being struck down by the defendant through the careless operation of the latter’s automobile. No question arises from the pleadings or the conduct of the trial before the jury. The only points raised on the appeal are that the evidence is insufficient to show negligence on defendant’s part, that it affirmatively shows contributory negligence on plaintiff’s part, and that the verdict is excessive.

The accident occurred at the corner of Lincoln Way and Thirty-seventh Avenue, in the city and county of San Francisco. Lincoln Way runs east and west and Thirty-seventh Avenue runs north and south, intersecting Lincoln Way on the south, but does not cross the street to the north. Two street-car lines run along Lincoln Way, located approximately at the center of the street. Plaintiff was a passenger on an out-bound street-car going westerly. The car stopped in what might be termed the middle of the intersection with the rear of the car at the extension of the easterly line of Thirty-seventh Avenue. Plaintiff…