Depaoli

This action was brought to recover damages for injuries to and loss of use of an automobile truck. The defendant filed a cross-complaint for damages for personal injuries and for injuries to his automobile. The litigation grew out of a collision between the vehicles mentioned at a point on the main San Jose-San Francisco highway, which will be hereinafter referred to as the highway, near its intersection with Euclid Avenue in San Bruno. It was stipulated that if plaintiffs were entitled to recover, such recovery should be in the sum of $522.02 for repairs to the truck with whatever amount they might prove they were damaged by loss of its use; further, that if the defendant was entitled to a verdict he should recover $400 as special damages with whatever general damages, including loss of time, he might prove. A jury found the verdict in favor of plaintiffs for $600. A motion for a new trial was denied, and defendant has appealed from the judgment entered upon the verdict. He contends that the verdict is unsupported; that the court erred in denying his motion for a new trial, in certain of its rulings on the admissibility 'of evidence, and in its instructions to the jury.

The…