Niosi

Appeals from the judgment and from the order denying the plaintiff a new trial.

Defendant Frank Staut was the driver of a wagon of the defendant Empire Steam Laundry. Plaintiff charged that he was injured by the negligence of the defendant laundry and its employee, Staut, under the following circumstances: About the hour of noon he was walking on the north sidewalk of Second street, in the city of Los *259 Angeles, going east to his home. Mott alley, a public highway of the city of Los Angeles, extends from First street to and across Second street, and bisects the block upon which -plaintiff was walking. The roadbed of Mott alley is about six inches lower than the curb of the sidewalk upon Second street. Plaintiff had stepped from this curb into Mott alley when a wagon of the defendant laundry company driven by Staut struck him, fractured his kneepan, and subjected him to grievous bodily injuries. The defendants denied negligence upon their part and pleaded affirmatively the contributory negligence of the plaintiff. The verdict of the jury upon the evidence was in favor of the defendants. Without entering upon an extended presentation of that evidence it may be said that while,…