Anderson

At the close of the argument, Sloss, J., delivered the opinion of the court, Shaw, J., and Lawlor, J., concurring.

This is a suit for damaged for personal injuries. The plaintiff was standing in the street, awaiting the approach of a street car, when she was struck by defendant’s automobile. The evidence is conflicting in some respects, but there was testimony tending to show that the plaintiff, a girl of fourteen, was standing át a place where she had a right to be; that the defendant’s automobile, running at a speed of twenty miles an hour, came toward her in the same direction as the street car which she was awaiting; that the plaintiff saw the automobile approaching, but did not succeed in getting out of the way in time to avoid being struck by it. The verdict was in favor of the plaintiff and the defendant appeals from the judgment and an order denying a new trial. The only point raised on the appeals is that the evidence shows that the plaintiff was guilty of contributory negligence and the defendant was not guilty of negligence.

The rules of law governing this class of eases are thoroughly well settled, and it is unnecessary to cite, authorities. The question of…