Brower

Respondent, John Brower, as plaintiff in the court below, brought this action to recover damages for personal injuries alleged to have resulted from the negligent operation by defendant of his automobile. The action was tried before a jury, which returned a verdict in favor of plaintiff for $2,750. This award, however, is subject to a first lien in favor of the intervening plaintiff, State Compensation Insurance Fund, in the sum of $637.94, and some of the other elements entering therein will be further discussed in our consideration of appellant’s claim that the same is excessive as a matter of law. After seasonable motion for a new trial had been denied, appellant took this appeal from the judgment.

The accident resulted from a collision between defendant's automobile and plaintiff’s motorcycle in the intersection of Bush and Larkin Streets in the city of San Francisco. Prior thereto plaintiff, proceeding northerly on Larkin Street, had momentarily stopped and rested his motorcycle in obedience to a sign or marker at this point reading “Stop—Arterial”. At that time, according to his testimony, he observed defendant’s automobile more than half a block away proceeding easterly on…