Porter

Plaintiff sued for personal injuries sustained when struck by an automobile of the defendant, Edna M. Rasmussen. The cause was tried with a jury, which returned a verdict in favor of plaintiff in the sum of $7,902.71. The defendant, Edna M. Rasmussen, has appealed upon typewritten transcripts.

Plaintiff was employed by the Pacific Telephone and Telegraph Company in digging a trench on Broadway Street in the City of Oakland, his duty consisting of the operation of an appliance termed-an “air gun”, used for the purpose of cutting an opening in the paved surface of the street. In the block where plaintiff was employed on March 31, 1931, Broadway slopes at a grade of about 10.4 per cent. While he was so employed the appellant parked her automobile, headed southerly, at a point about 235 feet northerly of the point where plaintiff was at work, this point being approximately at the top of the grade of the street in that block. Defendant left her automobile unattended and went across the street. The automobile rolled down the grade and struck plaintiff while he was engaged in operating the air-gun facing in the direction opposite from that whence the automobile proceeded.

On her appeal…