Mann

This is an action for damages to an automobile belonging to the plaintiff, and for personal injuries suffered by him, alleged to have been caused by a collision between plaintiff’s automobile and a motor-truck belonging to Michael Dettling and driven by his employee, Fred Seiler, The cause was tried before the court sitting without a jury. The findings and judgment were in favor of the plaintiff in the sum of five hundred dollars, and defendant appeals.

Plaintiff was driving his automobile at a speed of about twenty miles an hour along the rails of the southeasterly car-track on Howard Street, near Twelfth Street, in the city of San Francisco. J"ust ahead of him and proceeding at a speed of about twelve to fifteen miles an hour, the defendant, Fred Seiler, was driving a motor-truck along the portion of the street lying between the car-track and the southeasterly curb of the street. There was ample room for plaintiff and defendant, thus driving along the right half of the roadway, to continue in the same direction, or, while so driving, for plaintiff’s automobile to overtake the truck driven by the defendant and to pass along the left-hand side thereof. This last plaintiff…