Wallman

This is an action for damages for personal injuries alleged to have been sustained by the plaintiff Herman Clark under the following circumstances. On August 2, 1929, the plaintiff was driving a 1927 Dodge coupe automobile in a westerly direction on Addison Avenue in the city of Palo Alto. At the same time and place the defendant was driving a 1930 Nash sedan automobile in a southerly direction on Emerson Street. At the intersection of these two streets the cars of the plaintiff and defendant collided. As the result of that collision the plaintiff sustained injuries. The plaintiff in his complaint charged .the defendant with negligence in the operation of her automobile. The defendant denied any negligence on her part, and, as a separate defense, pleaded contributory negligence on the part of the plaintiff. The case was tried before'a jury, which returned a verdict in favor of plaintiff. Judgment was entered accordingly. A motion for a new trial was denied and defendant appealed.

Plaintiff, about to enter the intersection, saw defendant’s ear seventy-five to ninety feet away approaching the intersection at a speed of thirty-five to forty miles an hour. Plaintiff, driving on the…