Fietz

This is an appeal from a judgment in favor of defendant in an action to recover damages resulting from a collision between an automobile driven by defendant, and a bicycle ridden by Edith K. Fietz, a minor of the age of eighteen years. H. E. Fietz, father of the minor, sought to recover the bills incurred by him in treating the injuries suffered by his daughter.

The accident happened in the intersection of Fairmount Avenue and El Cajon Boulevard in the city of San Diego, at about five o’clock in the afternoon of October 5, 1940. The day was clear and the roadway was dry.

Plaintiffs maintain that the evidence shows defendant was guilty of negligence as a matter of law that was the proximate cause of the collision; that Miss Fietz cannot be charged with contributory negligence because she had no recollection of the accident and therefore was entitled to the presumption of having taken due care for her safety; that certain instructions given to the jury were prejudicially erroneous. Consideration of these contentions will require a detailed summary of the evidence.

West of Fairmount Avenue, El Cajon Boulevard, an east and west street, is a divided highway. The north roadway is…