Cherry

Plaintiff sued for injuries resulting from an automobile collision. The cause was tried before a jury and resulted in a verdict for plaintiff for seven thousand five hundred dollars. This the trial judge reduced to four thousand five hundred dollars. The defendant appeals on typewritten transcripts.

At about 9 P. M. on the evening of January 23, 1929, plaintiff was operating his automobile north on Market Street, in the city of Oakland As he approached the intersection of Market and Eighth Streets he saw defendant’s machine approaching the intersection on his left, traveling at a high rate of speed. When plaintiff first saw defendant’s machine it was about one hundred and fifty feet from the intersection, and plaintiff assumed that he had ample time to cross the intersection ahead of defendant. The collision occurred while plaintiff’s car was at the north rail of the north street-car track running on Eighth Street, defendant’s car striking the left rear wheel of plaintiff’s machine, turning it completely around.

Defendant’s negligent operation of his vehicle while under the influence of intoxicating liquor is not seriously controverted. The points raised in the attack upon the…