MacHado

Action for damages for personal injuries resulting from a collision between a light truck driven by respondent and a heavy truck operated by appellant Withrow, as an employee of appellants Harm and Frasher.

The collision happened about 10 o’clock P. M. on March 9, 1928, and occurred on Eleventh Street, which runs east and west in the city of Tracy, at a point between “E” and “F” Streets.

The complaint alleged in substance that plaintiff was carefully operating an automobile in a westerly direction along and upon the northerly side of said Eleventh Street when the defendants carelessly and negligently operated an automobile truck, then and there the property of the defendants Harm and Frasher, in an easterly direction over and upon said northerly line of Eleventh Street in such manner as to cause said automobile truck to violently and forcibly run into and collide with the automobile operated by plaintiff, thereby injuring plaintiff in the manner thereafter alleged.

The allegations of the complaint describing the injuries suffered by respondent were as follows: “That as a result of said collision, this plaintiff was thrown out of his automobile onto the paved highway with great…