Schurman

This is an -appeal from a judgment rendered in favor of plaintiff in an action for damages alleged to have been sustained as a result of a collision between an automobile driven by plaintiff and a milk wagon of defendant corporation. Plaintiff recovered judgment for the sum of $719.30, which included $50 as physician’s fees and $69.30 for damages to his automobile.

Issue was joined on the question of defendant’s negligence and on the amount of damage, and also defendant set up the contributory negligence of plaintiff as an affirmative defense. The ease was tried before the court without a jury.

The first contention of appellant is that the evidence is insufficient to sustain the findings of the court on the question of defendant’s negligence.

Plaintiff testified as follows: “I was traveling in a westerly direction and on the north side of the highway. I was going about twelve or fifteen miles per hour when I struck something. I did not know what it was. I heard two horses jump and then I saw the wagon. I hit the hind wheel of the wagon because the wagon was standing across the highway. I saw the driver of the wagon laying on the ground. He told me that he was passing a machine…