Lawrence

Plaintiff appeals from a judgment in defendants' favor in an action brought to recover damages on account of injuries sustained by plaintiff’s automobile, which was struck by a truck owned by defendant T. I. Butler Company and operated by defendant Norman Macintosh.

Plaintiff’s cause of action was based upon an allegation charging that at the time the accident happened the truck was being negligently and carelessly controlled, driven, and operated, which allegation was denied in the answer. The cause was tried on that issue, the trial court finding thereon in defendants’ favor. There appears to be little if any conflict in the evidence regarding the manner in which the collision occurred, the principal question presented for determination being whether the conclusion reached by the trial court to the effect that the truck was not negligently operated is fairly supported by the undisputed facts.

Early in the afternoon On the day of the accident plaintiff parked his automobile along the curb on the right-hand side of Powell Street, between Bush and Pine Streets, San Francisco, leaving it there while he attended a theater. The ascent in the grade on Powell Street between the two…