Hanson

This is an action for damages for personal injuries sustained by the plaintiff, Flora Planson, in an automobile collision between her car and one driven by defendant Elden Cordoza. The action was dismissed as to defendants Kenneth F. Cordoza and Stephen Alfred Cordoza. The case was tried before the court without a jury, and judgment was entered in favor of plaintiff and against the defendants Elden Cordoza, J. S. P. Cordoza and Lizzie Cordoza for $3,450.65. From this judgment, the last-named defendants prosecute this appeal.

Appellants make two contentions for a reversal of the judgment, viz.: “(1) That plaintiff was guilty of contributory negligence as a matter of law; (2) That there is no evidence of negligence on the part of defendants, or especially on the part of Elden Cordoza, the driver of the car; the accident being unavoidable.”

The trial court found that the accident and injuries to plaintiff were caused by the careless and negligent manner in which Elden Cordoza drove and operated his car, and that plaintiff was not guilty of contributory negligence.

The question of contributory negligence of plaintiff, like that of negligence of the defendants, were questions of…