Peri

In an action brought to recover damages for injuries sustained in an automobile collision the plaintiff recovered a judgment for $14,000. The defendant appealed from the judgment and has brought up a typewritten transcript. Later he filed his brief. Thereafter,'the plaintiff filed in this court a notice of motion to dismiss or affirm. (Subd. 3, Rule V, of the Supreme Court, and District Courts of Appeal.) The plaintiff asserts that the questions on which the appeal rests are so unsubstantial as not to need further argument.

The first point made by the defendant is that a verdict in the sum of $14,000 was excessive as a matter of law. The point is not sustained by the record. The accident occurred December 21, 1928. The plaintiff was riding on a motorcycle and the defendant was driving an automobile and the two met in a head-on collision. The immediate injury to the plaintiff consisted of shock, pain, a fractured skull, a fractured collar-bone, nine fractured ribs, several broken teeth and a muscular injury to his hip. In an unconscious condition the plaintiff was immediately taken to a hospital. He remained unconscious for three or four days. He was confined in the hospital two…