Toon

This is an action brought by the plaintiff to recover damages for personal injuries suffered in the collision of a light laundry truck driven by him, with a stage of defendant.

The defense was a denial of negligence on the part of defendant, and contributory negligence of plaintiff. The case was tried by a jury, which returned a verdict in favor of plaintiff, and defendant appeals.

The accident occurred in March, 1921, at the intersection of Cacique and Voluntario Streets in the city of Santa Barbara. At the northwesterly corner of the intersection was a store or filling station, which obstructed the view between the northerly part of Cacique Street and the westerly part of Voluntario Street.

Plaintiff was driving easterly on Voluntario Street, and defendant’s stage was going southerly on Cacique Street, thereby entering the intersection to the left of plaintiff. Plaintiff’s testimony was that he entered the intersection at the rate of from eight to twelve miles an hour; that though he looked to the right and left, he never saw the stage, even at the moment of impact, and that he was rendered unconscious by the shock. Sanchez, a witness for plaintiff, testified that plaintiff…