Carey

The plaintiff was given judgment for damages resulting from a collision between his automobile and one of the defendant’s street-cars in the city of Sacramento. The defendant prosecutes this appeal from the judgment. Appellant contends that the evidence not only fails to show that it was negligent, but that it shows conclusively that the plaintiff was guilty of contributory negligence.

At the time of the collision the plaintiff was driving his automobile south along Fourteenth Street and near the west curb line thereof and defendant’s street-car was going west along the north car tracks of K Street. Both streets are forty-eight feet wide from curb to curb. Photographs of the automobile and of the street-car, taken after the accident, indicate that they were both moving with considerable velocity at the time of the impact. The evidence is sufficient to warrant the inference that the street-car ran into the automobile rather than that the automoilbe ran into the street-car. The front bumper of the automobile was not bent or injured, but the left front wheel was demolished and the left front fender and the left door were badly crushed and broken. The front wheels of the street-car…