Boccalero

The plaintiff commenced an action against the defendant to recover a judgment for damages alleged to have been suffered in an automobile collision. The defendant answered and a trial was had before the court sitting with a jury. The jury returned a verdict in the sum of $4,000. The defendant made a motion for a new trial, his motion was denied, and from the judgment entered on the verdict he has taken this appeal and has brought up typewritten transcripts. The accident happened about 9 P. M. on Sunday the twelfth day of May, 1929. It was the theory of the plaintiff, and she called witnesses in support of her contention, that on the date above mentioned she and her husband and Mr. and Mrs. Verdenaga had been out on the north end of San Pablo Avenue and were traveling south toward Oakland iñ a Jewett automobile. The men were on the front seat and the women were on the back seat—the plaintiff on the right-hand side. The traffic was considerable—there were two lines of cars moving south and two lines of cars moving north. A double street-car track occupies the middle of San Pablo Avenue, one track for north-bound cars and another track for south-bound ears. A part of the avenue is…