Lahti

Plaintiff, while crossing East 12th Street near its intersection with 22d Avenue, in the city of Oakland, was struck by an automobile driven by the defendant. As a result of the collision she received bodily injuries, and thereafter instituted this action to recover damages for the injuries so sustained. The defendant, as a defense to plaintiff’s action, set up contributory negligence on plaintiff’s part as the proximate cause of her said in juries, and alleged that “while plaintiff was at all times south of the center line of East 12th street, plaintiff carelessly, recklessly, and without regard to her own safety and protection, was facing and looking in a northeasterly direction, and as a result thereof, plaintiff walked into, and was struck by the rear end of defendant’s machine.” The plaintiff claimed, and so testified, that at the time of the collision she was north of the center line of said street, and that defendant was traveling on the wrong side of said street, and while so traveling on the wrong side of said street struck and injured her. The evidence was conflicting as to whether the accident actually happened to the north or the south of the center line of said…