Sehgal

In this personal injury action plaintiff appeals from the judgment following a defense jury verdict.

Counsel are to be complimented for presenting this appeal on a well-conceived settled statement. The accident occurred in Marysville about 9 p.m. on June 16, 1963, at or near the signal-controlled intersection of Fifth Street and Highway 99 (E Street). There was evidence that this intersection lies within the central business district. Highway 99 runs north-south and at that point contains six traffic lanes. Plaintiff Sehgal testified that he commenced to walk across Highway 99 from east to west in the north crosswalk, complying with a green traffic light; that halfway across the first three lanes he became conscious of an automobile approaching from his left (south) ; that he commenced to run to avoid the automobile but was struck either within the crosswalk or several feet outside it.

Mrs. Knight, the defendant, testified that she had stopped for a red light at the intersection; that when the light changed to green she proceeded across; that she did not see plaintiff until an instant before the impact when he jumped out in front of her vehicle 20 or 30 feet past the north cross…