Perez

Action to recover damages for personal injuries alleged to have been sustained as a result of defendant’s negligence in operating an automobile on Porter Avenue.

Judgment went for defendant, from which and an order denying plaintiff’s motion for a new trial, plaintiff prosecutes this appeal.

In addition to denying defendant’s alleged negligence the answer set up contributory negligence on the part of plaintiff, as to which, however, the court made no finding nor, indeed, was any finding made touching the issue of defendant’s negligence.

The finding of the court which appellant attacks for want of sufficient evidence to support the same is that the collision between plaintiff’s motorcycle and defendant’s automobile occurred, not on Porter Avenue, but on Brand Boulevard approximately fifteen or twenty feet from its intersection with Porter Avenue, as a result of which plaintiff was seriously injured, but that said collision and the resulting injury to plaintiff was not due to any negligence on the part of defendant. In other words, the finding is to the effect that defendant’s negligence, if established, was not the proximate cause of plaintiff’s injury.

While the evidence…