Cierley

Baker Street is a public thoroughfare running north and south in the city of Bakersfield. It is crossed at right angles by Eleventh Street. This crossing is an obstructed intersection as defined by section 113 of the California Vehicle Act.

At about noon on September 6, 1929, a Whippet delivery truck belonging to appellants and being driven by their employee upon their business came into collision with an automobile driven by respondent at or near the northerly line of the intersection produced across Baker Street. Appellants instituted this action to recover the resulting damages. The trial court found both drivers concurrently negligent and that the driver of appellants’ truck was guilty of contributory negligence, and awarded no damages.

Appellants state three grounds upon which they maintain the judgment should be reversed: First, that the finding that the driver of appellants’ truck was guilty of negligence and contributory negligence, is not supported by the evidence; second, that respondent had the last clear chance to avoid the accident; and, third, that the trial court erred in denying appellants’ motion for new trial on the ground of newly discovered evidence.

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