Toby

This is an appeal by the defendant from a judgment in favor of the plaintiff in an action for damages growing out of a collision between two automobiles. As the respondent was driving his machine along his own right-hand side of a paved highway, having recently entered the same, he observed another automobile, driven by the appellant Hubbard and owned by the other appellants, approaching on its left-hand side of the highway and apparently passing another car. The respondent slowed down, apparently almost to a stop, to allow the approaching car to cross over to its proper side of the highway, but, instead .of so crossing over, that car maintained its course on its extreme left-hand side of the road and struck the respondent’s car head-on.

The principal point raised by appellants is that the respondent was guilty of contributory negligence, as a matter of law. In support of their contention they rely entirely upon the respondent’s own testimony, which they thus summarize : “On the 24th day of April, 1930, he had a collision with another automobile on the southerly edge of the Town of Fallbrook, when he had. come from Live Oak Park; that he entered the paved highway at the…