Berges

This is an appeal by the defendant from a judgment against him for $583. The action was to recover for the amount of damages caused to plaintiff’s automobile by reason of a collision between it and the defendant’s automobile. The cause was submitted to the court sitting without a jury.

On May 29, 1918, plaintiff was operating his automobile in a northerly direction on the east side of Potrero Avenue, in the city and county of San Francisco. According to plaintiff’s testimony, at the time he reached the intersection of Twenty-third Street and Potrero Avenue he saw a street-car on Potrero Avenue, about at the middle of the intersection of the two streets, and an automobile closely following the street-car, traveling southerly. Plaintiff testified that defendant’s automobile came from behind the street-car and the automobile following it; that the defendant’s car came from Twenty-third Street where it intersects the west line of Potrero Avenue, and attempted to cross into Twenty-third Street where it intersects the east line of said street. (Twenty-third Street intersects Potrero Avenue on its east side at a point south of the point where it intersects said Potrero Avenue on its…