Jones

Plaintiff obtained a verdict and judgment for damages for personal injuries sustained by being struck by defendant’s automobile. Defendant appeals. He attacks the sufficiency of the .evidence and complains of the giving of one instruction.

The evidence shows that the respondent after dark walked westerly from Second toward Third Street upon the north sidewalk of Folsom Street in San Francisco. At the northeast corner of Third and Folsom Streets a building was under course of construction. Building material obstructed the sidewalk and also a part of Folsom Street almost out to the nearest of the street-car tracks. This obstruction extended toward Second Street from Third Street a distance of from 75 to 125 feet. When respondent arrived at this obstruction, he turned out into the street and continued as if to cross the south side of Folsom Street. When he was a few feet beyond the middle of the street (according to his version) he was knocked unconscious by the appellant’s automobile. He had heard and seen nothing of appellant’s automobile before that, although he said he had looked in both directions before entering and while crossing the street. Appellant testified that he was…