Shimoda

This is an action to recover damages for personal injuries alleged to have been sustained as a result of the negligence of defendants in operating an automobile which collided with a motorcycle upon which plaintiff was riding on Ninth Street in the city of Los Angeles.

At the close of the evidence the jury, under direction of the trial court, returned a verdict for defendants. The appeal is from the judgment and an order denying plaintiff’s motion for a new trial.

The collision occurred at a point where Ninth Street, which extends east and west, intersects an alley nineteen feet and seven inches wide, extending north and south. According to plaintiff’s testimony, he was engaged as a gardener and about 9 o’clock a. m. on January 19th, having completed his work, he mounted his motorcycle at a point on the west side of the alley disant one hundred and fifty feet north of its intersection with Ninth Street and, without using the power but pedaling the machine, started toward Ninth Street, traveling at a speed of less than five miles per hour. He was on the west side of the alley and as he neared Ninth Street kept within two or three feet of the west line thereof. As he approached…