Goyette

The above action was brought upon a claim for damages to plaintiff's automobile arising out of a collision with an automobile owned and operated by defendant, it being alleged that the damage was caused by the latter’s negligence.

Defendant denied the allegations of the complaint-, alleged that the damage suffered by plaintiff, if any, was due to his contributory negligence, and sought to recover for injuries to his own automobile which he alleged were due to plaintiff’s negligence.

The cause was tried by the court, which found for the defendant, and entered judgment against plaintiff in the sum of $400.

The latter, who has appealed, claims that the finding that-he was negligent is not supported by the evidence.

On December 7, 1929, at about 6:30 o’clock P. M., plaintiff was driving south along Twenty-ninth Avenue while defendant- was proceeding east along Judah Street in San Francisco. These streets intersect, and the collision, which damaged both cars, occurred within the intersection. It was stipulated that the collision occurred in a zone where the speed limit was twenty miles an hour. Defendant testified that when he entered the intersection he looked to his right to…