Skaggs

This action was brought to recover damages for personal injuries alleged to have been caused by defendant’s negligent operation of an automobile. The defendant denied the alleged negligence and averred that negligence on the part of the plaintiff proximately contributed to the injuries complained of. The action was tried before the court without a jury. The court found for the plaintiff and entered judgment accordingly. Defendant’s motion for a new trial was denied, and he has appealed from the judgment. The grounds for the appeal are that the evidence shows as a matter of law that plaintiff was guilty of contributory negligence; that the court erred in receiving evidence of and awarding judgment for special damages, and that the damages awarded were excessive.

On February 11, 1924, at about 9 o’clock A. M., the plaintiff was operating an automobile in an easterly direction along the right-hand side of Alisal Street in Salinas. This street, which is 75 feet wide, runs east and west. It intersects with Soledad Street, which runs north and south, the latter street being 50 feet in width. As plaintiff neared the intersection defendant’s automobile approached from the south along…