King

An action to recover damages for personal injuries sustained by plaintiff by reason of the negligent operation of an automobile by defendant.

The case was tried by the court without a jury, and judgment was for plaintiff in the sum of $7,000.

Defendant appeals from the judgment and the order of the court denying his motion for a new trial.

■ The complaint alleges that plaintiff was an employee of the Los Angeles Street Railway Company, among whose duties was that of oiling the tracks of the company in certain streets of the city of Los Angeles. That in pursuance of his employment he was, at the time of his injury, engaged in oiling the company’s tracks in East First street near the corner of Chicago street.. While he was so engaged, defendant, who was driving an automobile in and along East First street at a high rate of speed, carelessly and negligently ran into and permanently injured him.

The answer of. defendant denies negligence on his part and alleges that plaintiff was guilty of contributory negligence.

The circumstances under, which plaintiff was injured were substantially as follows: Chicago street runs approximately north and south, and First street east and west.…