Brindamour

This is an appeal by the defendants Thomas Murray and the City of Los Angeles from a judgment for damages sustained by the plaintiffs and the intervener as the result of an automobile collision. The accident occurred about 11:20 P. M. on December 12, 1933, at the intersection of Twenty-first Street and Broadway in said city. The plaintiff, George Brindamour, a magician, accompanied by his wife, was driving his Essex car homeward after a performance at the Hippodrome theater. Going westerly on Twenty-first Street, he stopped his car at the intersection of that street and Broadway. He proceeded into the intersection and was struck by the Buick car driven southerly on Broadway by the defendant Murray, whose wife was with him in that car. By the impact the Essex ear was shunted off the highway onto private property, and into the residence of intervener Porter. The damages of the intervener were fixed by stipulation and no controversy with reference thereto is presented.

On the appeal both defendants contend that the plaintiff George Brindamour was guilty of contributory negligence as a matter of law. On the evidence that the plaintiff was well into the intersection where he had the…