Abrahams

Action for personal injury. Trial hy jury, and verdict for plaintiff in the sum of three thousand dollars. Defendant appeals from the judgment entered upon the verdict and from an order denying defendant’s motion for a new trial.

Plaintiff was employed to drive a sprinkling wagon hy one Cross, in whose employ he had been for three years, in the city of Los Angeles; Pico and Georgia Bell streets run at right angles to each other, the latter north and south; double streetcar tracks pass over Georgia Bell street at the points in question; on the morning of November 20, 1895, plaintiff filled his tank and drove to Pico street, as was his custom, and thence along Pico street to its junction with Georgia Bell street, which latter he was to sprinkle; as he entered Georgia Bell street a car passed going south, and he turned and followed this car along the track toward Sixteenth street. He testified; “On entering the street I turned around in order to see whether I could see a car or hear a bell. I saw no car nor did I hear a bell. And then I followed the car at a rapid pace in order to sprinkle, and during the sprinkling I turned around several *413 times in order to see that no accident…