Reaugh

In this action for damages for personal injuries the plaintiffs, husband and wife, appeal from a judgment of nonsuit entered in favor of the defendants. The motion for a nonsuit was made and granted upon the grounds that the evidence educed in support of the plaintiffs’ case failed to show negligence on the part of the de fe.nd.ants and did show contributory negligence on the part of the plaintiff Hattie L. Raugh, the injured party, who will be hereinafter referred to as the plaintiff.

The established facts of the plaintiff’s case substantially stated are these: At about the hour of 1:20 in the afternoon of October 23, 1920, the plaintiff was struck and seriously injured by a Dodge roadster automobile owned by the defendant, The Cudahy Packing Company, and driven by the defendant Wells, who at the time of the accident was agent and employee of the defendant company. Immediately preceding the accident plaintiff was in the act of crossing South Main Street in the City of Los Angeles at its intersection with Eighth Street, and as she stepped from the easterly curb of South Main Street she observed approaching a southbound electric street-ear. Upon reaching the middle of the street…