AREND, Justice. This is an action to recover damages for injuries to the plaintiff, alleged to have been caused by defendant's negligence. The court, sitting without a jury, found the plaintiff guilty of contributory negligence, and so gave judgment for the defendant. The plaintiff appeals. At about 8:30 a. m., on September 13, 1960, the plaintiff, who was staying at the house of a married daughter on Ash Street, left the house by the front door with her husband and her daughter in the daughter's car to drive to downtown Fairbanks. The day was partially cloudy and the ground was wet and muddy from the rains of several previous days. Ash Street was under construction at the time and the defendant was getting ready to pour the sidewalk on Ash Street and adjoining Kennicott Avenue; so the daughter had been parking her car in a sort of alleyway at the rear and to the west of the house. As the daughter's house had no back entrance and her backyard was fenced in with a gateway only at the side, it was necessary either to go through the neighbor's yard to get to the car or to take a more circuitous route along the unfinished sidewalk on Ash Street to Kennicott Avenue and then proceed westerly along Kennicott to the alleyway.