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The plaintiff commenced an action against the defendant to recover damages for injuries alleged to have been suffered by her when struck by the automobile of the defendant. The defendant answered and a trial was had in the trial court before the court sitting with a jury. At the end of the plaintiff’s case the defendant made a motion for a nonsuit. The motion was denied. Thereupon the defendant rested without introducing any evidence. Thereafter the defendant moved for a directed verdict repeating the grounds of the motion for a nonsuit. That motion was also denied. The jury returned a verdict in favor of the plaintiff. A judgment was entered in favor of the plaintiff in accordance with the verdict so returned and from that judgment the defendant has appealed under section 953a of the Code of Civil Procedure.

At about 6 o’clock on the evening of the ninth day of December, 1923, the plaintiff and her escort, Mr. George Moon, left 'Mr. Moon’s house in Oakland to go to Fruit-vale. It was their intention to take a San Pablo Avenue car at Thirty-fourth Street. San Pablo Avenue runs north and south and Thirty-fourth Street crosses it, running east and west. On San Pablo Avenue there is…