Gross

This is an appeal by the defendant from a judgment for the plaintiff in an action for damages for injuries alleged to have been sustained by the plaintiff as a result of her being run down by defendant’s automobile while it was driven by him. The case was tried by the court sitting without a jury.

The evidence shows that the accident occurred on the thirteenth day of November, 1919, at about 9 P. M., near the intersection of Sunset Boulevard and Echo Park Avenue, in the city of Los Angeles. The night was dark and the corner was poorly lighted by an arc-light. It had been raining and drizzling earlier in the day, and the street was wet and slippery. On Sunset Boulevard the car tracks are double and on Echo Park Avenue single. The Echo Park Avenue tracks turn the comer toward the east and join the northern tracks on Sunset Boulevard. At the time in question a car of the Echo Park Avenue line had run out across Sunset Boulevard so far that the front of the car had crossed the northern track of the boulevard. Occupying this position, the car completely obstructed the north side of the boulevard, from the car tracks to the curb, making it necessary for one traveling west on the…