Enz

This is an appeal from a judgment for plaintiff in a personal injury case tried without a jury by the court.

The cause of action arose from an automobile collision which occurred at about 4:30 P. M., June 30, 1929, at the intersection of Twenty-seventh Street and S Street, which streets intersect at right angles, Twenty-seventh Street extending north and south and S Street east and west, in the city of Sacramento, California. Plaintiff and respondent was driving his automobile toward the south on Twenty-seventh Street as he approached the intersection. The defendant and appellant approached the intersection from the west on S Street. The machines collided in the intersection at a place on the west side of Twenty-seventh Street, about 7 feet from the west curb line of Twenty-seventh Street and 9 or 10 feet north of the south curb line of S Street, and near the southwest corner of the intersection. When the respondent, at the lawful rate of 15 miles per hour, reached the intersection, he looked to the left for traffic, then to the right, and saw appellant approach from his right at a place distant 75 to 100 feet west of the intersection, driving at an estimated speed of 40 to 45…