Batchelor

—Appeal by plaintiff from an adverse judgment entered on a verdict of a jury in an action for damages for personal injuries.

The accident occurred about 10:30 a. m. on July 11, 1949, on Mayflower Street in the county of Los Angeles. The pavement on Mayflower was between 22 and 24 feet wide. The area was residential. Plaintiff, driving a Ford truck, entered Mayflower at its intersection with Duarte Road and went south. When he entered Mayflower there were two vehicles ahead of him going south: a butane truck which was a block and a half away, and an automobile which was following the truck. Plaintiff attained a speed of 30 miles an hour, went to the left side of the road, passed the automobile, slowed down and went to the right side of the road. When he did so the butane truck and the automobile were 75 to 100 feet apart. Plaintiff moved out to the left side of the road to cut around the butane truck and increased his speed. During this time the butane truck slowed down from 15 to between 5 and 10 miles an hour, when it made a left turn and collided with plaintiff’s truck. Plaintiff did not give a horn signal.

The driver of the butane truck testified his truck was 6 to 7 feet…