Langsam

This is an appeal by plaintiff from a judgment entered in favor of defendant after a non-jury trial in which the judge found that both defendant and plaintiff were guilty of negligence, and from an order denying new trial.

The appellant’s basic argument here is that under the evidence appellant was not guilty of contributory negligence as a matter of law. The evidence adduced at the trial, with the familiar intendments in favor of respondent applied thereto, would indicate that appellant was driving his car traveling north on Mansfield Avenue, at approximately 9 :30 on a rainy evening; that upon approaching a stop sign on Mansfield at the corner of Third, appellant while 50 feet back from Third Street was traveling at 25 miles per hour; that he slowed down and stopped some 25 feet from the intersection, or perhaps 20 feet therefrom; that he then proceeded at 10 miles per hour across the intersection; that he stopped for a full minute and did not think he saw any cars going east or west on Third Street. After he had looked left and right, he looked straight ahead and started to go without again looking to the left or to the right; that when he looked to his right, he saw no moving…