Lufkin

This is an action for damages for injuries received in an automobile collision at a street intersection in the City of Bakersfield. M Street runs north and south and 17th Street runs east and west. About 6 o’clock on the night of December 5, 1930, the plaintiff was riding in an automobile driven by her husband, which was proceeding north on the right-hand side of M Street. At the intersection of this street with 17th Street this ear was struck by a police patrol automobile owned by the defendant city and driven by the defendant Doan, which at the time was proceeding west on 17th Street, and the plaintiff was thrown to the pavement, receiving the injuries complained of. A jury returned a verdict in her favor and from the judgment which followed the defendants have appealed.

Appellants’ first contention that the respondent’s husband was guilty of contributory negligence, as a matter of law, in failing to see and avoid the other car, and their second contention, that the evidence is not sufficient to show any negligence upon their part, are without merit and may be treated together. It appears from the evidence that at the time in question the driver of the police car was returning…