Emerick

This is an appeal by the defendant from a judgment against him in an action to recover for damage caused to plaintiff’s automobile by a collision between it and defendant’s automobile at a street intersection in South San Francisco.

As appellant states, the appeal involves only a question of fact, it being his contention that the evidence fails to show negligence on the part of the defendant and shows negligence on the part of the plaintiff.

The ease was tried without a jury and the court made the following pertinent findings of fact: That on February 7, 1921, in the city of South San Francisco, county of San Mateo, state of California, plaintiff was the owner of and Was operating a certain automobile in a careful and prudent manner and at a lawful rate of speed along Miller Street and was driving thereon in a general southeasterly direction and on the right-hand side of said street and toward the intersection of said Miller Street with Linden Avenue, another public street in said city; that about the same time defendant was operating his automobile in a careless and reckless manner and at an unlawful rate of speed along said Linden Avenue, proceeding in a general northwesterly…