Conner

Plaintiff brought this action through her guardian ad litem to recover damages for injuries received from being struck by an automobile driven by one of the defendants, who was a chauffeur in the employ of the other two. The answer, in addition to denying negligence, pleaded contributory negligence and that the accident was unavoidable.

The court, sitting without a jury, made findings supporting the allegations of the complaint and negativing the defenses of contributory negligence and unavoidable accident and gave judgment for plaintiff for six thousand dollars.

Appellants present two points in their brief, first, that the evidence fails to show negligence on the part of defendants, but even if it does, it further shows that the negligence of plaintiff contributed proximately to the accident, and, second, that the amount of the judgment is grossly disproportionate to any compensation warranted by the facts.

There is a sharp conflict in the testimony regarding the accident, but certain facts may be regarded as undisputed. These follow. Port Stockton Drive in the city of San Diego runs east and west. Jackdaw Street runs north and south across Port Stockton Drive. The district is…