Peel

Appeal from a judgment of nonsuit. Plaintiff and appellant, a Western Union messenger sixteen years of age, was struck and injured by an automobile operated by respondent Read, at the intersection of Seventh and Brush Streets in the city of Oakland. The battle on appeal centers around the question whether from the evidence appellant was guilty of contributory negligence barring his right of recovery as a matter of law.

The collision occurred at almost the exact center of the intersection of the two streets. Appellant was riding a bicycle in a westerly direction on the northerly side of Seventh Street at about 7:30 P. M. on February 2, 1929. It was already dark and a rain was falling. Appellant intended to make a “U” turn at Brush Street and come back on the southerly side of Seventh Street. In anticipation of such turn when he reached a point fifty feet easterly from Brush Street he looked back and started to give the arm signal for a left turn. At that point he saw a machine about one hundred feet behind him which afterward passed him on the right. He then proceeded about seventy or seventy-five feet to approximately the center line of Brush Street, made a right-angle turn and…