Shapiro

Judgment was entered in favor of defendants after the return of a verdict in their favor and plaintiff appeals from the judgment and from the order denying his motion for a new trial. Defendant Ingersoll was driving an oil truck owned by defendant Shell Oil Company south along Ramona Boulevard near its intersection with Townsend Street. Plaintiff was driving a truck north on Ramona Boulevard. In the vicinity of the accident Ramona Boulevard is neither level nor straight. The truck of defendants in proceeding south was on a down-hill grade, the degree not being shown by the evidence, and Ramona Boulevard swerves so that defendants’ truck would in its regular course turn slightly to the right in traveling south. At some distance from the point of collision the steering apparatus of defendants’ truck broke and Ingersoll was unable to control its direction. As a result the truck did not turn with the street but proceeded in an approximately straight line across the boulevard and collided with plaintiff’s truck. In their answer defendants denied negligence, asserted that the collision was the result of an unavoidable accident, and alleged contributory negligence on the part of…