Forrest

This is defendant’s appeal from a judgment obtained by plaintiff in an action wherein plaintiff recovered damages for injuries sustained by him in a rear-end collision between a motor ambulance he was driving and an automobile driven by the defendant.

The facts are as follows: The accident occurred about 10 o’clock in the morning, September 16, 1922, while the ambulance was being driven by plaintiff along Foothill Boulevard, a short distance west of San Leandro Creek, in the county of Alameda. This boulevard is about seventy feet wide, and just east of the point of collision there is a curve in the road, which "was negotiated by the ambulance at a speed estimated by various parties as between five and twenty-five miles an hour! Shortly thereafter the machine operated by defendant followed, at a speed estimated as being in excess of thirty miles an hour and by one witness as forty miles per hour. There is a conflict in the evidence regarding the circumstances which occurred immediately preceding and at the time of the accident. Defendant contends that the ambulance slowed down sharply or stopped, without giving signals of an intention to do so. Other testimony is to the effect…