Grillich

Action for damages for personal injuries suffered by plaintiff as the result of a collision between a motorcycle operated by himself and an automobile operated by defendant Dorothy Weinshenk, who was giving her sister-in-law a ride in the open air for health’s sake. The complaint alleged that the damages were caused through the negligence of Dorothy Weinshenk. Sydney Weinshenk, her father, was made a codefendant by reason of his ownership of the automobile. There was a plea of contributory negligence in the answer. The cause was tried before a jury, which gave a verdict in favor of defendants. Plaintiff appeals, basing his demand for a reversal upon the ground that the trial court gave certain instructions, at the request of defendants, which were erroneous and prejudicial.

The accident occurred at the intersection of Cabrillo Street and Twelfth Avenue, in San Francisco, at about 5 o’clock in the afternoon. Cabrillo Street is fifty feet wide from curb to curb, and Twelfth Avenue is forty feet wide from curb to curb. Plaintiff was operating a motorcycle and Miss Weinshenk was operating a seven-passenger Cadillac touring car. Plaintiff was traveling on Twelfth Avenue, approaching…