Carlson

The plaintiff, a boy between' thirteen and fourteen years of age, brings this action through his guardian ad litem, to recover damages for injuries sustained by him through being struck by an automobile driven by the defendant, the complaint charging the defendant with negligence and carelessness in the conduct of his machine. The answer denied such negligence and alleged that the plaintiff himself through his own negligence was the cause of the collision.

The cause was tried by the court without a jury. It made findings of fact against the contention of the plaintiff and in favor of that of the defendant, and rendered judgment accordingly.

The circumstances of the collision were testified to with very little variation between the witnesses, and may be fairly stated to be as follows: The plaintiff and several companions about his own age were walking in an easterly direction from Fresno to the golf links in the vicinity of that city when they were overtaken by a wagon. With the permission of its driver they climbed upon it but had not proceeded far when they perceived an automobile truck approaching from the rear, and decided that as the truck was moving faster than the wagon…