White

The accident occurred at the intersection of two highways' near Azusa in Los Angeles County. The defendant was driving a Cadillac automobile going west on Fifth Street, and William F. White, now deceased, was driving a Dodge automobile going south on Los Angeles Street. The plaintiff, as administrator of the decedent’s estate, brought the action as permitted by statute, on behalf of the heirs at law, viz., the widow and children and said William F. White. Pursuant to the verdict of a jury, judgment was entered against the defendant, and he appeals therefrom.

At the time of the accident there were only five persons present. White was alone in the Dodge car. In addition to defendant Shepardson, in the other car, there were his wife, their daughter, Mrs. McCook, and their son, J. B. Shepardson. The evidence is sufficient to establish actionable negligence of the defendant. The questions open for discussion on this appeal relate to the defense of contributory negligence, which was duly pleaded by the defendant.

The plaintiff in presenting his evidence anticipated the contributory negligence defense by offering evidence for the purpose of proving that the decedent was not negligent…