Overacker v. Key System

DOOLING, J.

Plaintiff had judgment for personal injuries after a jury trial and defendants appeal. Taking the evidence most favorable to plaintiff, as is our settled duty, plaintiff with his wife approached the intersection of Union Street and Santa Clara Avenue in the city of Alameda. They were walking on the sidewalk on Union Street, plaintiff somewhat in advance of his wife, and when plaintiff arrived at the curb he looked to his left and saw the defendants’ bus approaching on Santa Clara Avenue about 215 feet away. He took his eyes off the bus and stepped into the unmarked crosswalk leading across Santa Clara and had taken about six steps, without again looking toward the bus, when he was struck by it. The driver of the bus testified that he saw

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plaintiff from the time that the hus was from 100 to 125 feet from the crosswalk.

Where a pedestrian looks in the direction of approaching traffic before stepping into the street and sees a vehicle approaching, if he misjudges its distance or its speed and proceeds, without again looking, into the street and is there struck by the vehicle the question whether or not he was guilty of negligence is one for the jury.

(White

v.

Davis,

103 Cal.App. 531, 542 [284 P. 1086];

Ladas

v.

Johnson’s B. & W. Taxicab Co.,

43 Cal.App.2d 223, 229 [110 P.2d 449];

Sanker

v.

Humborg,

48 Cal.App.2d 203 [119 P.2d 431];

Goodwin

v.

Foley,

75 Cal.App.2d 195 [170 P.2d 503]; other eases are collected in