McConnell

This action is for damages for personal injuries. The case was tried before a jury, who found for the defendant, and judgment was entered in accord therewith. A motion for a new trial by the plaintiff was denied and he appeals from the judgment and said order.

In the forenoon of the twenty-sixth day of April, 1921, the plaintiff, driving a team of horses hitched to a four-wheel delivery wagon, was traveling in a northerly direction upon a paved highway, in Tulare County and when near Traver, a railroad station in said county, the defendant, driving an automobile in the same direction upon the same highway and rearward of plaintiff, ran his ear into and so collided with the rear of plaintiff’s wagon. The impact caused the horses attached to the plaintiff’s wagon to jump, with the result that the plaintiff fell from the seat of the wagon to the pavement and received certain injuries.

The second amended complaint ■ describes the injuries suffered by plaintiff by reason of the collision and alleges that they were directly or proximately caused by the negligence of the defendant.

The answer consists entirely of specific denials of the material allegations of the complaint.

The…