Mella

In this action for personal injuries alleged to have been received by plaintiff through the negligent operation of an automobile used as a taxicab, owned and driven by defendant, the jury awarded plaintiff damages in the sum of five thousand dollars. From the judgment entered on the verdict, defendant appealed.

The accident out of which the injuries arose happened in the space formed by the intersection of Alameda Street and East Third Street, in the city of Los Angeles. At that point a double line of street-car tracks run east and west, which are intersected by tracks of a steam railway running north and south. Gates were operated on the east and west sides of Alameda Street to protect traffic from passing trains. Just prior to the collision, the plaintiff was riding a motorcycle in a northerly direction on the right, or east, side of Alameda Street. Defendant was driving his taxicab easterly along East Third Street. A westerly bound street-car on East Third Street was approaching the intersection. Traffic at the point was congested on both streets, and the gates were down, giving the north and south bound traffic on Alameda Street the right of way. The gates were raised,…