Newton

This action was brought to recover damages for personal injuries alleged to have been sustained by plaintiff while riding on a motorcycle, driven by his son, on Citrus Avenue, near the town of Covina, in Los Angeles County. Plaintiff recovered judgment. Defendant appeals, contending that plaintiff’s version of the accident, as described by himself and his witnesses, is so irreconcilable with the admitted physical facts that it is inherently impossible that plaintiff could have been injured in the manner that he and his witnesses described.

Citrus Avenue runs northerly and southerly. It is intersected by Ciennaga Avenue, a highway running at a right angle with the direction of Citrus Avenue, and which, though entering Citrus Avenue from the east, does not extend beyond the westerly line of that highway. Citrus Avenue, at this locality, is bordered on the west by an orange orchard. Between the orchard and the macadamized pavement of Citrus Avenue, at the intersection of the latter with Ciennaga Avenue, and for a short distance north and south of Ciennaga Avenue, there is a board wall running parallel with and west of Citrus Avenue. This wall has a dirt top, about two feet wide.…