Marston

This is an action to recover damages for personal injuries arising out of a collision between an automobile driven by plaintiff and an autostage operated in the business of the defendant Pickwick Stages, Inc., and driven by its employee, the defendant Vallad. The answer of each defendant, in addition to denying the allegations of the complaint, pleads contributory negligence as an affirmative defense. The verdict was for plaintiff. Defendants appeal from the judgment and from an order denying their motion for a new trial. The latter appeal must be dismissed. No appeal lies from an order denying a new trial. (Code Civ. Proc., sec. 963.) As grounds for reversal appellants urge that the evidence is insufficient to justify the verdict, that the court erred in giving certain instructions, and that it further erred in refusing certain requested instructions.

The accident in which plaintiff received his injuries occurred during the daytime, on the state highway, within the limits of the city of San Diego. The highway at the place where the collision occurred is twenty feet wide and paved. Plaintiff, driving a Ford automobile, was traveling in a northerly direction. The autostage was…