Bauman

Plaintiff recovered judgment for $775 as damages for injuries received in a collision with the defendant’s automobile. The cause was tried before the court, sitting without a jury, and all the allegations of negligence appearing in the plaintiff’s complaint were found to be true, while the denials and allegations in defendant’s answer were found untrue. The appeal is taken by the defendant from the judgment and is presented upon the judgment-roll and a bill of exceptions.

The only ground urged by the appellant is that the trial court erred in holding that the plaintiff was not responsible for the collision ^because he had the last clear chance to avoid it.

The facts of the ease material to the appeal are that at about 7:30 A. M. the respondent was driving his automobile east on Fremont Avenue, in the county of Santa Clara, crossing the intersection with Saratoga Road, which road runs north and south. The two roads are paved and are of about equal width. At the same time the appellant was driving his automobile along Saratoga Road approaching from the south and crossing the intersection of Fremont Avenue going north. The plaintiff approached the intersection traveling at the rate…