Dick v. Schoener

Appealing from a judgment entered upon a jury verdict against him in an action for damages for personal injuries, plaintiff contends that the court erred in giving and refusing instructions, particularly that, as in Taha v. Finegold, 81 Cal.App.2d 536 [184 P.2d 533], the instructions overemphasized contributory negligence and plaintiff’s duty.

Facts

This accident took place in plain daylight at the intersection of Dwight Way and Milvia Street, Berkeley. Plaintiff, a pedestrian, was walking northerly in the easterly crosswalk on Milvia Street when he was struck by the ear driven by defendant.…