Moreno

Joseph T. Moreno brought an action against Ray C. Hawbaker and his wife Dorothy for injuries received when the motorcycle he was riding collided with the automobile of defendants. The action was subsequently dismissed as to Dorothy Hawbaker. The jury brought in a verdict in favor of Ray C. Hawbaker. Moreno appeals from the judgment entered on that verdict.

The accident occurred on October 31, 1954, at about 8 p. m. on the Dam Road in the town of San Pablo, near where that road is intersected by Key Boulevard. Dam Road, at the seene of the accident, runs generally from north to south, while Key Boulevard runs generally in a northwesterly-southeasterly direction, intersecting Dam Road but not crossing it. The two streets intersect at about a 45-degree angle, so that one coming from the north and turning into Key Boulevard would only be required to make about a 45-degree turn to his left.

At the time of the accident Hawbaker, with his wife and child in the car, was proceeding southbound on Dam Road. He intended to make a left turn into Key Boulevard. Two motorcycles, one driven by Edward Hemlab and the other by Moreno, were proceeding northerly on Dam Road. Near or in the…