Riney

This is an appeal by plaintiff from a judgment of nonsuit in defendant’s favor. The action is for damages resulting to plaintiff from being run over by one of defendant’s electric ears. On the trial, at the conclusion of plaintiff’s ease, the court gave judgment for defendant on the ground that plaintiff’s evidence affirmatively established contributory negligence.

The injury occurred on defendant’s electric railway in the city of Venice. Trolley Way, the street occupied by the railway, is, at the place of the accident, intersected by Horizon' Avenue. At this intersection plaintiff, who was walking in a northerly direction upon a sidewalk along the east side of Trolley Way, left the walk to cross Trolley Way, with its double-track railway. The width of the street at this point, from curb to curb of the sidewalk, seems to be sixty feet. The first rail of the first car track is 14.3 feet from the curb. The track itself is 4.71 feet wide, and the space between the two tracks is twenty-one feet. It was upon the second track that plaintiff was injured. According to his own testimony, the only time he looked or listened for an approaching car was when he left the sidewalk to cross the…