Brunetto

As a result of a collision of automobiles the plaintiff was injured and he commenced this action to recover damages. The jury returned a verdict in favor of the plaintiff and from the judgment entered thereon the defendant L. H. Fitzsimmons has appealed and has brought up a bill of exceptions.

At about 4 A. M. on the morning of January 9, 1929, the plaintiff and his partner, E. Tabacco, were driving their truck loaded with vegetables on the highway known as El Camino Real northerly toward San Francisco. The defendant L. IT. Fitzsimmons was driving a Studebaker sedan southerly toward San Jose. At a point near Tanforan the defendant drove so far to the left-hand side of the road that his car brushed the truck on its left-hand side. Both vehicles were stopped and at that time there was a distance of from five to seven feet between the rear ends. The occupants of both vehicles alighted and engaged in words. Before the controversy was settled -a man by the name of Basso approached from the south driving an Essex car and collided with plaintiff’s truck. The impact was slight. The cars were left in that position. Shortly thereafter a truck driven by the defendant Spediacci approached…