Waxman

Action by plaintiff to recover damages for personal injuries sustained by the plaintiff, Jessie Wax-man, in an automobile collision alleged to have occurred as the result of the negligent driving of an automobile by the defendant. Plaintiffs had judgment in the sum of $850. Prom said judgment the defendant appeals.

It appears from the transcript that on the evening of January 30, 1921, the plaintiffs were driving in a northerly direction on Tenth Street in the city of Modesto, and that, at the same time, the defendant was being driven in an automobile owned by him, by his son, in a westerly direction on G Street in said city. The collision, constituting the basis of this action, occurred at the intersection of said streets. No question is made as to the extent of the personal injuries sustained by the plaintiff, Jessie Waxman, or that a judgment is in anywise excessive.

The complaint alleges, in the ordinary terms, that the collision occurred by reason of the negligence of the defendant. The defendant, in his answer, denies the negligent operation of the automobile, which was being driven by his direction and control, and, by way of separate defense, alleges that the collision…