Blackburn

Plaintiff was awarded judgment for the sum of $350 against this appellant on account of damages alleged to have been suffered through the negligent acts of the defendant R. S. Marple. The particular act of negligence alleged was that said defendant so operated an automobile driven by him as to cause it to collide with an automobile which was then being operated by the plaintiff. The appeal is taken from the judgment.

The particular facts upon which the judgment was entered are quite fully embraced in the findings of the trial judge, the most material portions of which we quote: “That on the fourteenth day of July, 1915, at or about the hour of 6:30 P. M., while it was still light, the. plaintiff was driving a Ford automobile along a public highway known as the state highway, leading from the town of Whittier to the town of Fullerton, in an easterly direction, about one mile east of the county line of Los Angeles and Orange Counties. That the plaintiff was driving his Ford car at a speed of twenty miles per hour. That the plaintiff was seated in the front seat of his ear with a small child on his right side, and that his wife and two small children were seated in the rear seat.…