Nahood

This is an action for damages on account of injuries received by the plaintiff in a eollison between an automobile driven by defendant Bartle and in which plaintiff was a passenger, and another automobile driven by defendant Selfrid. The collision occurred at a street intersection in Los Angeles on October 21, 1925. The action was tried before the court without a jury and a motion, for nonsuit was granted as to the defendant Mutual Motors Incorporated, a corporation. The court found that the defendant Selfrid was without negligence in the matter and gave judgment against the defendant Bartle, from which judgment this appeal is taken.

The appellant first contends that the evidence is not sufficient to sustain the court’s findings as to negligence upon his part. The findings which are attacked are as follows:

Appellant’s position is that only one finding of negligence appears, namely, a failure to yield the right of way; that this is the finding of an ultimate fact; but that it depends upon a probative fact, which is the failure to see Selfrid’s automobile because Bartle was then and there engaged in conversation with the plaintiff; that the essential part of this probative fact…