Haynes

In this action the plaintiff recovered judgment against the defendant in a sum allowed as damages, for injuries to plaintiff’s automobile, which injuries were caused by negligence of the defendant resulting from a collision between plaintiff’s automobile and a truck operated by the defendant. The defendant appeals from the judgment.

On the evening of February 20, 1920, after sundown and at about the hour of 6 o’clock, darkness having set in, and at a time when there was a steady downpour of rain, the defendant, while operating a motor-truck headed in a westerly direction on Wilshire Boulevard, in the county of Los Angeles, stopped his truck at or near the middle of the road for the purpose of placing lights on the truck. This left the truck standing in the street without lights, and the defendant did not have a lighted lantern, or a light of any description, upon the rear end of the truck at the time when it was struck by plaintiff’s automobile as hereinafter stated. In addition to the foregoing faóts, the court found that at said time the plaintiff was driving an automobile in a westerly direction, on the northerly side of and near the center of the road; that at said time the…