Moore

As plaintiff was driving his automobile in an easterly direction on the Pacheco Pass highway he collided with a truck driven in a westerly direction by defendant Michael Balcovich, who was accompanied by his employer, Sam Re, also a defendant herein. The collision occurred near Los Banos at about 10 o'clock on a rainy evening in April, 1931.

Plaintiff testified that as he saw the truck of defendant approaching he reduced the speed of his car and extended his left arm outside of the car and gave a “slow signal”. When the car of plaintiff had proceeded a little past the cab of the truck the two vehicles brushed together or “sideswiped” as the witnesses described it, crushing the arm of plaintiff so severely that it was later amputated, for which injuries a jury awarded to him damages.

Appellants appealed from the judgment and from an order denying a motion for a new trial.

The first point argued for reversal is that the act of plaintiff in extending his arm outside of the car making a “slow signal” was the proximate cause of the injury he sustained. In this appellant is in error. The proximate cause is, as so often defined, that cause which in natural and continuous sequence…