Wikberg

This action was brought to recover damages for personal injuries. A verdict was returned in plaintiff’s favor for five hundred dollars, upon which judgment was entered. This appeal is from the judgment on the judgment-roll and a bill of exceptions.

The sole point urged is, that the evidence fails to show that defendant was guilty of negligence, and that it further shows that plaintiff was guilty of contributory negligence to such a degree as to exonerate defendant.

We have carefully examined the evidence, and we are of opinion that it is sufficient to support the verdict. The plain tiff, at the time of the injury, was of the tender age of six years. She was attending the public schools. The injury occurred near the intersection of Campbell Street and Ninth Street, in the city of Oakland. The school-children had just been dismissed for the noon recess. There were from one hundred and fifty to two hundred children, running across the street and on the sidewalks, in the immediate vicinity of the place where the injury occurred. One Hager was driving a horse and delivery wagon belonging to defendant, and was engaged at the time in delivering groceries for defendant. It was while…