Cross

This is an action for damages for personal injuries. The verdict of the jury was favorable to the plaintiff, and defendant appeals. The plaintiff, a teamster by occupation, and in full possession of his faculties, was engaged in hauling a heavy load of boards down a steep grade on California street in San Francisco. He put on his lock chain in order to hold back his wagon, while he walked and drove the horse. When two or three rods down the hill the lock chain broke. Defendant’s car tracks are situated upon this street. Plaintiff did not stop, or attempt to fix his lock *315 chain, but proceeded with the load down the hill, “zigzagging” in and out within the narrow space between the sidewalk and the car track. This mode of travel, under the circumstances, in order to bring plaintiff and his team in safety to the bottom of the hill, required great care and attention. Defendant’s car approached from the top of the hill, struck the hind wheel of plaintiff’s wagon, swung it around, and squeezed plaintiff between a portion of the dummy and his own wagon. Injuries were received by him, and this litigation resulted.

It is insisted that the motion for a nonsuit should have been granted…