Lawton

The action was brought by the plaintiff to recover damages on account of injuries which resulted from a collision between an automobile driven by the plaintiff and a motor bus operated by defendant Boles, driver for the defendant corporation. At the time of the accident the two vehicles were traveling in the same direction, and the motor bus hit the right-hand side of the back part of the plaintiff’s car.

The stated grounds of appeal, as shown by appellants’ opening brief, are that the evidence is insufficient to support the verdict, and particularly, that the plaintiff was guilty of contributory negligence as a matter of law. The cause came before us on motion by respondent to dismiss the appeal or affirm the judgment upon the grounds that the appeal was taken for delay only, and that the questions upon which the decision rests are so unsubstantial as to need no further argument'.

At the hearing of the motion, the motion was granted and the judgment affirmed. This memorandum of opinion is filed as -a more formal statement of the grounds of decision.

The evidence clearly shows that the accident and injury resulted from negligence of the defendant in the operation of its motor…