Katz

This is an appeal by the defendant from a judgment in favor of plaintiff for personal injuries. The trial was by jury. The evidence shows that plaintiff was struck and injured by a truck driven by defendant’s driver while crossing Mission Street at the intersection of Twelfth Street, in the city of San Francisco. The evidence would support a finding that the accident happened a few minutes after or perhaps a few minutes before one-half hour after sunset. The truck did not - have its headlights burning and entered Mission Street driving southerly on Twelfth Street and turned westerly into Mission Street. The plaintiff was struck by the truck after he had walked but a few feet out from the sidewalk into the street. At the trial witnesses testified to various degrees of darkness and visibility. On the side of plaintiff such expressions as the following were used: About dusk, getting dark, hazy and dark, inclined toward darkness and foggy. One witness testified it was with difficulty that he could see to pick up plaintiff’s silver scattered on the pavement.

The evidence, shown in the record is sufficient to support the finding of the jury that the defendant’s truck driver was…