Martinelli

The plaintiff sued to recover damages for personal injuries. At the end of the plaintiff’s case each defendant separately moved for a nonsuit; the motions were granted and from the orders of nonsuit and the judgments entered thereon the plaintiff has appealed.

On the first day of March, 1930, the plaintiff was standing on the sidewalk near the curb on the south side of a telephone pole which is located at the southeast corner of the intersection of San Bruno Avenue and Twenty-fifth Street in San Francisco. At the same time an automobile owned by Rodi Martinelli and his brother was standing in the street parallel to the curb a short distance to the south of where the plaintiff stood. Rodi Martinelli, Selma St. Louis and another young lady, had driven to that spot and stopped. Mr. Martinelli’s uncle occupied the house immediately east of where the car was parked. When the party arrived Mr. Martinelli stopped the car, and, leaving the young ladies in it, he went into the house. Afterward he came out, passed around to the left-hand side of the car out in the street, and stood there putting on his overcoat. While he was so engaged the plaintiff stood by the telephone pole. Martinelli…