Ward

In this action plaintiff was awarded judgment for a sum of money. The recovery allowed him was based upon a cause of action in which plaintiff alleged that the defendant had carelessly and negligently operated an automobile so as to cause it to collide with a motorcycle upon which the plaintiff was riding. An appeal is taken from the judgment and also from an order denying a motion for a ■ new trial. [1] As the last-named order was not the subject of a separate appeal, the appeal therefrom should be dismissed.

The principal act of negligence complained of, and which charge was sustained by the court in its findings, was that the defendant at the intersection of two streets failed to observe the requirement of the law that he should yield the right of way to the plaintiff, who was in the act of crossing the intersection from the right of the defendant. (Sec. 20, Motor Vehicle Act of 1915 ; Stats. 1915, p. 397.) Subdivision (e) of the section referred to provides as follows: “(e) . . . the operator of a vehicle approaching an intersection of the public highway shall yield the right of way to a vehicle approaching such intersection from the right of such first named vehicle.”

[2]…